Cook v. Miller

The order of the trial court for an examination of the person of the plaintiff wife was a proper exercise of discretion. The discretionary right to make such an order would seem to flow legitimately from the right of a defendant to call an injured plaintiff as a witness and compel his testimony as to his injuries, or to cross-examine him relative thereto, if he testifies in his own behalf. While in a large number of States this matter is one of statutory regulation, in the States where no such regulation obtains, the decided preponderance of authority favors the right of the trier in his…