McQuigan v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 28,1891, which affirmed an order of the Special Term denying a motion by defendant for an order directing the plaintiff, in an action for personal injuries, to submit to a physical examination by-surgeons to be appointed by the court, and for the appointment of a receiver, under whose direction such examination should take place.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made April 28,1891, which affirmed an order of the Special Term denying a motion by defendant for an order directing the plaintiff, in an action for personal injuries, to submit to a physical examination by-surgeons to be appointed by the court, and for the appointment of a receiver, under whose direction such examination should take place. The orders of the Special and General Terms being based on a denial of power, are appealable. (Tilton v. Beecher, 59 N. Y. 176 ; Eq. L. Assn. v. Stevens, 63 id.…
1Opinion of the CourtAndrews, J.
The sole question presented by this record is whether the Supreme Court has power in advance of the trial of an action for a personal and physical injury to compel the plaintiff on an application made in behalf of the defendant to submit to a surgical examination of his person by surgeons appointed by the court with a view of enabling them to testify on the trial as to the existence and extent of the alleged injury. The question is not new in the courts, although so far as we *52know it was first presented in 1868 before a judge of the Hew York Superior Court at Special Term in the case of Walsh…
2Cases cited5 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
- Walsh v. SayreThe Superior Court of New York City · 1868
- Denslow v. FowlerNew York Supreme Court · 1824
3Cited by9 opinions
- Stack v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1900
- Lehigh Valley Railroad v. GrahamSuperior Court of Pennsylvania · 1916
- Cole v. Fall Brook Coal Co.New York Supreme Court · 1895
- McGovern v. HopeSupreme Court of New Jersey · 1899
- O'Reilly v. Superior CourtSupreme Court of Rhode Island · 1924
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