May the Plaintiff in a Personal Injury Suit Be Compelled to Exhibit His Injuries If So under What Circumstances

Authors

Thomas H. Shastid

Abstract

Attention has been given in Part to the question of the existence of the power, in a personal injury suit, to compel the plaintiff to exhibit his injuries. That question being answered; and in the affirmative, it is next necessary to consider the various circumstances under which such power may be exercised. And, first, it is to be observed that, in the investigation of this latter subject, no account need be taken of the courts in which it has been definitely decided that the power does not exist. Nor need account be taken of the courts of New York; for though, in that state, as already mentioned, the judge-made law, which was opposed to the existence of the power, has been overruled by legislation, yet it has seemed best not to attempt in this article a consideration of the cases arising under the statute. On the other hand, account must be taken of a court or two in which, though the existence of the power has never been passed upon, yet the circumstances under which the power may be exercised have nevertheless been adjudicated, the existence of the power having been assumed.

Recommended Citation

Thomas H. Shastid, May the Plaintiff in a Personal Injury Suit Be Compelled to Exhibit His Injuries If So under What Circumstances, 1 Mich. L. Rev. 278 (1903).
Available at: https://repository.law.umich.edu/mlr/vol1/iss4/1