McQuigan v. Delaware, Lackawanna & Western R. R.
New York Court of Appeals
Appeal from order of the supreme court, general term, fourth department, affirming order denying motion to require plaintiff to submit to a personal examination.
1Opinion of the CourtAndrews, J.
The sole question presented by this record is whether the supreme court has power in advance of the trial of an action for a personal and physical injury to compel the plaintiff on an application made in behalf of the defendant to submit to a surgical examination of his person by surgeons appointed by the court with a view of enabling them to testify on the trial as to the existence and extent of the alleged iujury. The question is not new in the courts, although so far as we know it was first presented in 1868, before a judge of the New York superior court, at special term, in the case of…
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
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
- Walsh v. SayreThe Superior Court of New York City · 1868
- Denslow v. FowlerNew York Supreme Court · 1824
3Cited by42 opinions
- People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
- In re Association of the BarAppellate Division of the Supreme Court of the State of New York · 1928
- Langan v. First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1946
- People v. RamosNew York Court of Appeals · 1995
- Chicago, R. I. & P. Ry. Co. v. HillSupreme Court of Oklahoma · 1912
37 more not listed; retrieve them via the Exa API.