Hollister v. Robertson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Anna L. Robertson, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Tioga on the 23d day of January, 1924, granting the plaintiff's motion to vacate and set aside an ex parte order obtained by defendant, which directed plaintiff to submit to a physical examination before trial, including, an X-ray examination.
1Per curiam
We think othat this court should express its present views upon the question of the power of the court under section 873 of the Code of Civil Procedure (Civ. Prac. Act,, § 306) to require an X-ray examination as a part of a physical examination before trial. There were various elements considered by this court in deciding the case of Lasher v. Bolton’s Sons (161 App. Div. 381). So far, however, as the opinion of this court in that case indicated that the court was without power to require such an X-ray examination we are unwilling to continue to follow it. That decision was rendered just ten…
2Cases cited1 opinion
- Lasher v. S. Bolton's SonsAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by7 opinions
- Beuschel v. ManowitzNew York Supreme Court · 1934
- Mitchell v. Pure Oil Co.District Court, E.D. New York · 1937
- Reed v. MarleySupreme Court of Arkansas · 1959
- Jerry & Herbert Lehmann, Inc. v. Turtle Bros.New York Supreme Court · 1933
- McInnes v. CannonAppellate Division of the Supreme Court of the State of New York · 1929
2 more not listed; retrieve them via the Exa API.