Whitaker v. Staten Island Midland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Katharine Y. Whitaker, from an order of. the Supreme Court, made at the Kings County Special. Term and-entered in the office of the clerk of the county of Kings on the 18th. day of June, 1902, denying the plaintiff’s motion to vacate an order for the personal, and physical examination of the plaintiff before trial.
1Opinion of the Court
Woodward, J. :
The complaint in this action, brought to recover damages for a personal injury alleged to have been sustained by the plaintiff while a passenger on one of the defendant’s electric cars in Richmond county, was served on the 17th day of August, 1899. On the 31st day of ■October in the same year an order of the. Special Term was made for the personal and physical examination of the plaintiff before trial, as provided by section 873 of the Code of Civil Procedure, Upon the service of this order plaintiff procured an order to show. cause why said order “ should not be modified so as…
2Cases cited2 opinions
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
- Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
3Cited by5 opinions
- Cronin v. AndersonAppellate Division of the Supreme Court of the State of New York · 1929
- MacLarty v. LortzNew York Supreme Court · 1962
- Schweizer v. City of New YorkNew York Supreme Court · 1954
- Tovern v. Gardner & North Roofing & Siding Corp.New York Supreme Court · 1968
- Leas v. New York & Albany Lighterage Co.New York Supreme Court · 1922