May the Plaintiff in a Personal Injury Suit be compelled to Exhibit his Injuries? If so, Under What Circumstances?

Shastid, Thomas H.

Journal: Michigan Law Review

Volume: 1

First Page: 193

Year: 1902

Bluebook Citation: 1 MICH. L. REV. 193 (1902)

Author: Thomas Hall Shastid: all 5 publications


Abstract

It is everywhere admitted that, with certain restrictions, the plaintiff in a personal injury suit may, if he so choose, exhibit his injuries-either, in proper cases, directly to the jury; or, in other instances, indirectly, to physicians, who are afterwards to go upon the stand. But what about cases where the plaintiff does not so choose ? What if, when the defendant, or the court itself , suggests that the plaintiff undergo a physical personal inspection, he objects? May the plaintiff , then, when he does so object, be compelled, against his will, to undergo the examination ?

Further, in juris­ dictions where such power of compulsion is conceded, under what circumstances may the power appropriately be exercised? On these two questions the decisions are irreconcilably at variance. In Part I of this article, will be considered the existence of the power; and, in Part II, the circumstances under which the power may be exercised.

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