Greenhow v. Whitehead's, Inc.

GIVENS, Justice.

Appellant sued respondent, druggists, for damages for the claimed faulty filling of a prescription, resulting in claimed injury to her person. After answer by respondent and note of issue, the case was set for trial at 10:00 A.M. Monday, March 18, 1946.

March 11, 1946, respondent asked appellant’s counsel to have her submit to a physical examination by respondent’s physicians. Appellant’s counsel was then acquiescent, but advised respondent March 14 that appellant would not submit to an examination by one of the physicians selected. Other physicians were then suggested by…