Stack v. New York, New Haven & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, for personal injuries. The defence was that the plaintiff’s apparent condition of health at the time of the trial was not the result of his alleged injury, and that the symptoms were to a considerable extent magnified and were so called litigating symptoms. At the trial in the Superior Court, before Hardy, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
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Tort, for personal injuries. The defence was that the plaintiff’s apparent condition of health at the time of the trial was not the result of his alleged injury, and that the symptoms were to a considerable extent magnified and were so called litigating symptoms. At the trial in the Superior Court, before Hardy, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion. The case was submitted on briefs to all the justices.
1Opinion of the CourtHolmes, C. J.
This is an action for personal injuries. The defendant denied the injuries, and, two days before a second trial, was permitted to send two doctors, who made a thorough examination of the plaintiff in company with the doctors employed by the. plaintiff. After the plaintiff had closed his case and after the defendant had called its two doctors as witnesses, it asked the court to order the plaintiff to submit to an examination by another doctor named by it. The plaintiff objected, on the ground that his relations with that doctor were unfriendly, but offered to allow an examination by any other…
2Cases cited5 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Graves v. City of Battle CreekMichigan Supreme Court · 1893
- Pennsylvania Co. v. NewmeyerIndiana Supreme Court · 1891
- McQuigan v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1891
3Cited by25 opinions
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- Brown v. BrownTennessee Supreme Court · 1955
- Brown v. BrownTennessee Supreme Court · 1955
- Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
- Hamm v. HammCourt of Appeals of Tennessee · 1947
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