Black v. Bisgier

This action is one in negligence for personal injuries. Defendant seeks a physical examination of plaintiff by Dr. John R. Gray, under section 306 of the Civil Practice Act. Plaintiff raises no objection to the private or professional standing, character or reputation of Dr. Gray. But the plaintiff, through his attorney and by his guardian ad litem, takes the arbitrary position that he does not like Dr. Gray, and, therefore, the court should not appoint him.

The plaintiff’s counsel relies in the main upon a quotation contained in an opinion of Judge Pound at Special Term in 1912 *101in Mizak v.…