O'Brien v. City of La Crosse
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. R. Wyman, Circuit Judge. The facts appear in the opinion. They contended, among other things, that the defendant in an action for personal injuries was entitled to a physical examination of the plaintiff in order to ascertain the exact nature of the injuries and how long they had existed. Trial courts might order and, in their sound discretion, compel such examination.
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Appeal from a judgment of the circuit court for La Crosse county: O. R. Wyman, Circuit Judge. The facts appear in the opinion. They contended, among other things, that the defendant in an action for personal injuries was entitled to a physical examination of the plaintiff in order to ascertain the exact nature of the injuries and how long they had existed. Trial courts might order and, in their sound discretion, compel such examination. WMte v. Milwaukee City R. Co. 61 Wis. 536; Walsh v. Sayre, 52 How. Pr. 334. The right of defendants to demand and of courts to compel such examinations is…
1Opinion of the CourtCassoday, C. J.
This is an action for a personal injury sustained by reason of a plank in an alleged defective sidewalk suddenly flying up and striking plaintiff across the abdomen, and throwing her down and permanently injuring her bladder, or muscles connected with her bladder. Issue being joined and trial had, the jury returned a verdict in favor of the plaintiff and assessed her damages at $500. From the judgment entered thereon the defendant brings this appeal.
There is plenty of evidence to support the verdict. The principal contention is that it was error for the court not to compel the plaintiff to…
2Cases cited11 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Foley v. HoltryNebraska Supreme Court · 1894
- Graves v. City of Battle CreekMichigan Supreme Court · 1893
- Terre Haute & Indianapolis Railroad v. BrunkerIndiana Supreme Court · 1890
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of South Bend v. TurnerIndiana Supreme Court · 1901
- Atchison, T. & S. F. Ry. Co. v. MelsonSupreme Court of Oklahoma · 1913
- City of Ottawa v. GillilandSupreme Court of Kansas · 1901
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
- Boelter v. Ross Lumber Co.Wisconsin Supreme Court · 1899
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