Sibley v. Smith
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court. Hon. M. T. Sanders, Circuit Judge. First — The court erred in refusing to require plaintiff to submit to an examination of his person by competent experts. 1$ Iowa, 375; 60 How. Pr., 11$; 21¡, Am. Law Reg., 527; 29 Kans., 1$6; 8. C., 44 -Tm.
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APPEAL from Prairie Circuit Court. Hon. M. T. Sanders, Circuit Judge. First — The court erred in refusing to require plaintiff to submit to an examination of his person by competent experts. 1$ Iowa, 375; 60 How. Pr., 11$; 21¡, Am. Law Reg., 527; 29 Kans., 1$6; 8. C., 44 -Tm. Rep., 659. The rule deduced from these cases is, that, where the plaintiff in an action for permanent injuries alleges that they are of a permanent nature, the defendant is entitled, as a matter of right, to have the opinion of a surgeon upon his condition — an opinion based upon personal examination. If expert testimony…
1Opinion of the CourtSmith, J.
Sandy Smith sued the receiver of a railroad corporation to recover damages for being forcibly ejected from a moving train. His complaint alleged severe external and permanent internal injuries, and he recovered a verdict and judgment for $2000.
The testimony for the plaintiff tended to show that he was a colored man, above sixty years of age — one of a party of emigrants that included his wife and step-children, besides others ; that they had bought tickets from Dyers-burg, Term., to Surrounded Hill, in this state; that after leaving Memphis on the road operated by the defendant, it being now…
2Cases cited3 opinions
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- White v. Milwaukee City Railway Co.Wisconsin Supreme Court · 1884
3Cited by17 opinions
- City of South Bend v. TurnerIndiana Supreme Court · 1901
- Johnston v. Southern Pacific Co.California Supreme Court · 1907
- McGuff v. StateSupreme Court of Alabama · 1889
- Graves v. City of Battle CreekMichigan Supreme Court · 1893
- Lane v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1899
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