Legal Opinion

Tirpak v. Hoe

New York Supreme Court

Decided April 15, 1907Published

Appeal by the defendants from 'an order of the City Court of the city of Hew York made at Special Term, modifying an order for the examination of the plaintiff as an adverse party before trial and for his physical examination.

1Opinion of the CourtGiegerich, J.

The action is to recover damages for a personal injury by reason of the alleged negligence of the defendants. The defendants procured an order for the examination of the plaintiff as an adverse party before trial, which included a provision for his physical examination. Among the affidavits upon which such order was made, the *533affidavit of Charles W. Carpenter sets forth, among other things, that the defendants are ignorant of the nature and extent of the injuries complained of, of the manner in which such injuries were sustained, and of other material facts within the personal knowledge of…

2Cases cited5 opinions

  1. Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
  2. Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
  3. Dudley v. New York Filter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. Hill v. McKaneAppellate Division of the Supreme Court of the State of New York · 1906
  5. Lawrence v. SamuelsAppellate Terms of the Supreme Court of New York · 1897

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