Bowing v. Delaware Rayon Co.

Layton, C. J.,

delivering the opinion of the Court:

The defendant contends that this Court has inherent power, in its discretion, to direct a physical examination of the plaintiff in an action to recover damages for personal injuries. A majority of the jurisdictions affirm the power. See Williams v. Chattanooga Iron Works, 131 Tenn. 683, 176 S. W. 1031, Ann. Cas. 1916B, 101; note to Brown v. Hutzler Co., 51 A. L. R. 184; 4 Wigmore, Ev. (2d Ed.), § 2220.

Obviously, however, if this power is expressly conferred by the statute, and if thereunder the desired relief may be had, the question whether…