Camden & Suburban Railway Co. v. Stetson
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. This case came here upon a certificate from the Circuit Court of Appeals for the Third Circuit, under the act of March 3,1891, c. 517, § 6, 26 Stat. 826. The action was brought in the Circuit Court of the United States for the District of New Jersey by the plaintiff against the railway company to recover damages for an alleged injury to his person caused by the neglect of the defendant while the plaintiff…
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. This case came here upon a certificate from the Circuit Court of Appeals for the Third Circuit, under the act of March 3,1891, c. 517, § 6, 26 Stat. 826. The action was brought in the Circuit Court of the United States for the District of New Jersey by the plaintiff against the railway company to recover damages for an alleged injury to his person caused by the neglect of the defendant while the plaintiff was a passenger on one of defendant’s cars. At the time that he brought suit plaintiff was a citizen of the State of…
1Opinion of the Court
Mr.' Justice Peckham,
after stating the facts, delivered the opinion of the court.
An answer to the third question, “'Had the Circuit Court the legal right or power to order a surgical examination of the plaintiff,” will be all that is necessary for the action of the court below.
It is settled in this court that no power to make such an order exists at common law ; in other words, the court has no inherent power to make it. Union Pacific Railway v. Botsford, 141 U. S. 250. In that case there was no statute of the State in which the United States court was held which authorized the order. There…
2Cases cited8 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Ex Parte FISKSupreme Court of the United States · 1885
- United States v. ReidSupreme Court of the United States · 1852
- Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- Duane Earl Pope v. United StatesCourt of Appeals for the Eighth Circuit · 1967
- Texas Employers' Ins. Ass'n v. DowningCourt of Appeals of Texas · 1919
- Johnston v. Southern Pacific Co.California Supreme Court · 1907
- Beach v. BeachCourt of Appeals for the D.C. Circuit · 1940
52 more not listed; retrieve them via the Exa API.