Tutone v. New York Consolidated Railroad

Plaintiff moves to vacate an order for her physical examination before trial in a negligence action because the order provides, without warrant of law, “ that the report of the physician be given to counsel for the defendant.”

The application for the examination in question was made under section 873 of the Code of Civil Procedure. It has always seemed to me that this section conferred upon the court extraordinary powers, very closely trespassing “ on the sacred right of the individual to be let alone — inviolability of the person,” this phrase being that of Pound, J., in the case of Misak v.…