Lane v. Spokane Falls & Northern Railway Co.

Citations

• 21 Wash. 119
• 46 L.R.A. 153
• 57 P. 367
• 1899 Wash. LEXIS 250

Syllabus

<p>ACTION FOR PERSONAL INJURIES-PHYSICAL EXAMINATION OF PLAINTIFF — POWER OF COURT TO ENFORCE.</p> <p>Where an action is instituted for the recovery of damages for personal injuries, it is within the discretion of the court to require the plaintiff to submit to a medical or surgical examination for the purpose of disclosing the extent of his or her injuries, and, upon a refusal to submit to the order of the court in that regard, compliance may be enforced by staying the trial or by dismissing the case. (Reavis and Fullerton, JJ., dissent.)</p> <p>NEGLIGENCE-QUESTIONS OF FACT.</p> <p>In an action for negligence, the question of whether the evidence shows proper care on the part of the defendant is one of fact for the jury and not of law for the court, when different inferences are deducible therefrom.</p> <p>PRIVILEGED COMMUNICATIONS-EFFECT OF REFUSAL TO ALLOW EVIDENCE OF.</p> <p>The refusal of a plaintiff in a personal injury case to permit her physicians to testify as to the result of their information obtained in a professional capacity, cannot be made the subject of comment to the jury.</p> <p>CARRIERS — INJURIES TO PASSENGERS-CONTRIBUTORY NEGLIGENCE.</p> <p>A passenger upon a railway train is not, as a matter of law, guilty of contributory negligence, because at the time of injuries received from a collision she was standing in the aisle of the car.</p>