Legal Opinion

Easler v. Southern Ry. Co.

Supreme Court of South Carolina

Decided April 1, 1901PublishedCited by 6 opinions

Before Townsend, J., Lexington, September, 1900. Action for damages for personal injuries by R. T. Easier, by his guardian ad litem, J. P. Easier, against Southern Railway Co. From order refusing motion requiring plaintiff to submit to physical examination by physician chosen by defendant, defendant appeals. cite: The power of the Court to order a physical examination of the plaintiff before trial, has been the subject of adjudication by the Courts of last resort in a number…

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Before Townsend, J., Lexington, September, 1900. Action for damages for personal injuries by R. T. Easier, by his guardian ad litem, J. P. Easier, against Southern Railway Co. From order refusing motion requiring plaintiff to submit to physical examination by physician chosen by defendant, defendant appeals. cite: The power of the Court to order a physical examination of the plaintiff before trial, has been the subject of adjudication by the Courts of last resort in a number of States: 46 L. R. A., 153; 47 la., 375; 29 Kan., 466; 52 How. Pr., 334i 37 Ohio St., 104; 61 Wis., 536; 90 Ala., 71;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This action' was commenced in Fairfield County, on 25th January, 1900, but on motion was transferred to Lexington County. The facts are substantially the same as those in the case of Nancy Easier v. Southern Railway 'Co., in which the opinion of this Court was recently filed.

On 6th September, 1900, a motion was made before his Honor, D. A. Townsend, presiding Judge, at that time in the Fifth Circuit, at his chambers in Camden, S. C., for an order requiring the plaintiff to permit and allow a personal examination to be made of him by a…

2Cases cited1 opinion

  1. Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894

3Cited by6 opinions

  1. Welsh v. GibbonsSupreme Court of South Carolina · 1948
  2. Ex Parte Goodyear Tire and Rubber Co.Supreme Court of South Carolina · 1966
  3. Greenhow v. Whitehead's, Inc.Idaho Supreme Court · 1946
  4. Best v. Columbia Street Railway, Light & Power Co.Supreme Court of South Carolina · 1910
  5. Cook v. DouglasSupreme Court of South Carolina · 1962

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