Rison v. Postal Telegraph-Cable Co.

KEBBIGAN, District Judge.

Defendant in this case has moved for an order requiring the plaintiff to submit to a physical examination prior to the trial by a physician to be designated by the court. Defendant relies upon the authority of Camden & Suburban Ry. Co. v. Stetson, 177 U. S. 172, 20 S. Ct. 617, 44 L. Ed. 721, which held that, although under the common law the federal courts might not order such examination (Union Pacific Ry. Co. v. Botsford, 141 U. S. 250, 11 S. Ct. 1000, 35 L. Ed. 734), it might do so where the federal court in which the action was brought was in a state permitting…