Cohen v. Philadelphia Rapid Transit Co.

Citations

• 250 Pa. 15
• 95 A. 315

Syllabus

<p>Trials — Negligence—Physical examination — Internal injuries— Surprise — Continuance—Judicial discretion.</p> <p>1. While the court cannot order a plaintiff in a negligence case to submit to a physical examination against his will, it can, and when the ends of justice so require, should refuse to permit the case to proceed until the plaintiff undergoes an examination. This matter, however, is largely within the discretion of the trial court, and its action will not be reversed except in case of clear abuse.</p> <p>2. In such case the action of a trial court in refusing to grant a defendant’s request for an examination of plaintiff by a physician selected either by the court or by the defendant, involves no abuse of discretion where it appeared that plaintiff had been examined by two physicians representing defendant company prior to the trial, and there was no evidence that she or her physicians in any way deceived or deliberately misled the examining doctor.</p> <p>3. Where it appeared on the trial that plaintiff was injured internally, the court committed no abuse of discretion in refusing to withdraw a juror after defendant had pleaded “surprise,” on the ground that there was no allegation in the statement of claim that plaintiff was internally injured, when no bill of particulars had been asked for, and the averments of injuries in the statement were broad enough to cover those proved at the trial.</p>