Legal Opinion

Wood v. Charles W. Hoffman Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 1907PublishedCited by 27 opinions

Cross-appeals by the plaintiff, Bertram .Wood, and by the defend ant, Ernest Flagg, from an order of the Supreme Court, made at the New York Special Term and entered in the office of . the clerk of the county of NewYork on the 16th day of September, 1907, modifying a prior order for the examination of the. plaintiff before trial.

1Opinion of the Court

Houghton, J.:

The action is to recover damages for personal injuries received in a-building belonging to the appealing defendant. An ex parte order was obtained requiring the plaintiff to submit to a physical examination with respect to his injuries, and that the deposition of the examining physician be taken thereon, and, in addition, that the plaintiff be examined concerning the facts and circumstances of the accident and'all matters pertaining to'the issues of the action. The plaintiff was content with the-order for a physical examination, but moved to strike out that part.of the order…

2Cases cited4 opinions

  1. Dwyer v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1907
  2. Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Bell v. LittAppellate Division of the Supreme Court of the State of New York · 1896
  4. Cunningham v. SheaAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by27 opinions

  1. Sharff v. Superior CourtCalifornia Supreme Court · 1955
  2. Jakubowski v. LengenAppellate Division of the Supreme Court of the State of New York · 1982
  3. Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
  4. Shaw v. Samley Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
  5. Wessel v. SchwarzlerAppellate Division of the Supreme Court of the State of New York · 1911

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