Smith v. . Wooding
Supreme Court of North Carolina
Appeal from Webb, J. MeckleNbubg. Action by W. M. Smith, administrator of G. G. Habn, against Charles Edwin Wooding. From an order for examination of defendant before trial, he appeals. Affirmed. This action was brought to recover damages for injuries to plaintiff’s intestate, alleged to have resulted from the negligence of the defendant in the use and application of the X-ray in treating the intestate, which so burned the patient as to cause his death.
Read the full summary
Appeal from Webb, J. MeckleNbubg. Action by W. M. Smith, administrator of G. G. Habn, against Charles Edwin Wooding. From an order for examination of defendant before trial, he appeals. Affirmed. This action was brought to recover damages for injuries to plaintiff’s intestate, alleged to have resulted from the negligence of the defendant in the use and application of the X-ray in treating the intestate, which so burned the patient as to cause his death. Plaintiff moved before the clerk of the court for an order requiring the defendant to be examined before a commissioner, in order that…
1Opinion of the Court
WaxKee, J.,
after stating the facts as above: The first assignment of error, we suppose, is intended to raise the question whether a party to an action as, for instance, the defendant in this case, may be examined under tbe statute (Rev., secs. 864, 873) for tbe purpose of enabling tbe other party to file bis pleading, or whether tbe provision of tbe statute is confined in its operation to evidence merely to be used or not at tbe trial, and to be taken after tbe pleadings are filed, or at least after tbe complaint has been filed, showing what is tbe cause of action. Section 866 of tbe Revisal…
2Cases cited10 opinions
- Helms v. . GreenSupreme Court of North Carolina · 1890
- Bailey v. . MatthewsSupreme Court of North Carolina · 1911
- Vann v. . LawrenceSupreme Court of North Carolina · 1892
- Holt v. Southern Finishing & Warehouse Co.Supreme Court of North Carolina · 1895
- Bradley Fertilizer Co. v. TaylorSupreme Court of North Carolina · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Virginia-Carolina Chemical Co. v. TurnerSupreme Court of North Carolina · 1925
- State v. . WoodSupreme Court of North Carolina · 1918
- Knight v. . LittleSupreme Court of North Carolina · 1940
- Fisher v. SmithMichigan Supreme Court · 1932
- Guy v. BaerSupreme Court of North Carolina · 1949
1 more not listed; retrieve them via the Exa API.