Legal Opinion · Dissent

Dixie Greyhound Lines, Inc. v. Matthews

Mississippi Supreme Court

Decided November 23, 1936No. 32273Published

1Dissent

I am compelled to dissent from the holding of the majority opinion in this case, because no person can lawfully be compelled to submit to a physical examination any further than such person desires to go.

It is well settled in this state that the courts have no power, either conferred by statute, or at the common law, to require a plaintiff, in an action for injuries, to submit to a physical examination by physicians appointed by the court. Yazoo M.V.R.R. Co. v. Robinson, 107 Miss. 192, 65 So. 241. In this case the court cited and followed the United States Supreme Court in the case of Union…

2Cases cited15 opinions

  1. Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
  2. United States Fidelity & Guaranty Co. v. HoodMississippi Supreme Court · 1920
  3. Nashua Savings Bank v. Anglo-American Land, Mortgage & Agency Co.Supreme Court of the United States · 1903
  4. Watkins v. WatkinsMississippi Supreme Court · 1926
  5. Davis v. ElzeyMississippi Supreme Court · 1921

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