Ala. Great Southern R. R. v. Hill
Supreme Court of Alabama
Action for Damages by Passenger, for Personal Injuries. Appeal from the City Court of Birmingham. 'Tried before the Hon. H. A. Sharpe.
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Action for Damages by Passenger, for Personal Injuries. Appeal from the City Court of Birmingham. 'Tried before the Hon. H. A. Sharpe. This action was brought by Miss Nollie O. Hill, against the appellant corporation, to recover damages for personal injuries sustained by plaintiff, on the 27th September, 1887, while travelling as a passenger on defendant’s road between Sulphur Springs and Birmingham; and was commenced on the 7th February, 1888. On the first trial, the plaintiff had a judgment on verdict fdr $8,000; but the judgment was reversed by this court on appeal, and the cause was…
1Opinion of the CourtMcCLELLAN, J.
— It was determined on the former appeal in this cause that the defendant was entitled to have a physical examination of the plaintiff’s person made by disinterested and competent experts to be appointed by the cofirt. The selection of such experts is a matter entirely within the discretion of the trial judge. Neither party has any right, by suggestion, motion, or otherwise, to control his discretion in any degree. The court, in making the ¡ order for a physical examination, and in designating the experts to execute it, is conserving the interest of neither the defendant nor the plaintiff,…
2Cases cited30 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
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3Cited by69 opinions
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- Beloit Corp. v. HarrellSupreme Court of Alabama · 1976
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- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
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