Ellsworth v. City of Fairbury
Nebraska Supreme Court
Error from the district court of Jefferson county. Tried below before Broady, J. See opinion for statement of the casei While at chambers, outside of the county where the ac-Ron was pending, the district judge had no authority to order the examination by the physicians. (Consolidated Statutes, secs. 1057-1059.) A court has no authority to make an order requiring a person to submit to a personal examination.
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Error from the district court of Jefferson county. Tried below before Broady, J. See opinion for statement of the casei While at chambers, outside of the county where the ac-Ron was pending, the district judge had no authority to order the examination by the physicians. (Consolidated Statutes, secs. 1057-1059.) A court has no authority to make an order requiring a person to submit to a personal examination. (Union P. R. Co. v. Botsford, 141 U. S., 250, and cases cited.) The following case was cited to show the rule as to the measure of damages: City of Lincoln v. Smith, 28 Neb., 762. The…
1Opinion of the CourtNor val, C. J.
This was an action brought by plaintiff in error in the court below to recover damages for personal injuries sus„ tained by her by falling through a defective sidewalk on Second street, in the city of Fairbury. From a verdict and judgment against the city for the sum of $100 the plaintiff prosecutes error to this court.
Prior to the trial the attorney for the city, upon notice to the plaintiff, presented to Judge Morris at chambers in the court house, in Saline county, a motion asking him to appoint a board of physicians to make an examination of the person of the plaintiff, for the purpose of…
2Cited by18 opinions
- City of Chadron v. GloverNebraska Supreme Court · 1895
- City of Ottawa v. GillilandSupreme Court of Kansas · 1901
- May v. Northern Pacific Railway Co.Montana Supreme Court · 1905
- Cooper v. HastertNebraska Supreme Court · 1963
- Long v. Crystal Refrigerator Co.Nebraska Supreme Court · 1938
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