Atlantic Coast Line Railroad v. Dees

Citations

• 56 Fla. 127

Syllabus

<p>1. Section 3151 of the General Statutes of 1906, relating to the physical examination of the injured party in all actions brought in the courts of this State to recover damages for personal injuries alleged to have been sustained, makes it discretionary with the trial -co.urt to require such examination,,-and an order of such court denying the motion or application of the defendant for such physical examination will not be disturbed by an appellate court, unless an abuse of discretion is clearly made to appear.</p> <p>2. Where an application is made by the defendant for the physical examination of the plaintiff, in an action brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendant, under section 3151 of the General Statutes of 1906, prior to the trial of the case or before any evidence has been adduced, and the trial court refused such'application, without prejudice, however, to renew the same during the trial, thereby evincing a willingness to grant the same if it was made to appear to be necessary to ascertain the real condition of the plaintiff, and such application was not subsequently renewed during the trial, the 'court may well have concluded that the defendant abandoned it. In such a case no abuse of the discretion expressly vested in the trial court by such statute has been shown. Valid reasons which do not appear in 'the transcript may have existed why such physical examination should n'ot have been made at the time it was applied” for.</p> <p>3. Where a witness, who 'has been introduced on behalf of the plaintiff in an action brought to recover damages for personal injuries alleged to have 'been caused by the negligence of the defendant, has testified that ‘he is a physician engaged in general practice, has resided in a certain designated town in the State for four years and that the plaintiff has been his patient for some months .past, a proper and sufficient foundation has 'been laid to warrant t