Hayt v. Brewster, Gordon & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brewster, Gordon & Co., Inc., from that part of an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 18th day of August, 1921, which denies defendant’s motion for a blood test as part of the physical examination of plaintiff.
1Opinion of the Court
Hubbs, J.:
The only question involved on this appeal is whether or not a judge or a court has power and jurisdiction under section 873 of the Code of Civil Procedure to provide, in an order for the physical examination of the plaintiff in an action to recover damages for a personal injury, that the examining physician may take a sample of the plaintiff’s blood for the purpose of examination and analysis. No question is raised but what this is a proper case for a physical examination and the papers used upon the application for the order required that the order be granted. It was held at…
2Cases cited5 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
- Mizak v. Carborundum Co.New York Supreme Court · 1912
- Lasher v. S. Bolton's SonsAppellate Division of the Supreme Court of the State of New York · 1914
- Gregory v. Acme Road Machinery Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by16 opinions
- Beach v. BeachCourt of Appeals for the D.C. Circuit · 1940
- State v. DammSouth Dakota Supreme Court · 1933
- State v. DammSouth Dakota Supreme Court · 1936
- Lapera v. ShafronAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BynonCalifornia Court of Appeal · 1956
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