Gitto v. Societá Anonima Di Navigazione

MOSCOWITZ, District Judge,

This is a motion by the defendant under Rule 35 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to have the infant plaintiff submit to, the taking of X-ray pictures by a physician named by the defendant. The plaintiff objects to defendant’s -choice -of physician and requests that the Court appoint an imr partial physician. The issue is thus presented . whether a defendant seeking a physical examination under Rule 35 has the privilege of naming his own physician.

Rule 35(a) of the Rules of Civil Procedure provides: “Order for Examination. In an…