State ex rel. Carter v. Call

Citations

• 64 Fla. 144

Syllabus

<p>1. Section 3151 General Statutes of 1906, giving a trial court discretionary power in a suit for damages for personal injury to appoint a physician to make a physical examination of an injured party, is to be construed with due regard to the rights of the parties, and its scope is not to be extended beyond the terms of the statute; and if an X-Ray examination is deemed necessary, he may make such examination himself, but he is not authorized to take X-Ray photographs of the person of the injured party; nor is he authorized to appoint a photographer to use the X-Ray or to take X-Ray photographs without the consent of the injured party.</p> <p>2. If a physician is appointed by a trial court to make the physical examination provided for in section 3151 General Statutes of 1906, and the injured party refuses to permit the physician to make an X-Ray examination of her person when such an examination is necessary, the trial judge commits no error in continuing the case because of this action of the injured party.</p>