Mississippi Law Journal, Vol. 16: March 1944 (Classic Reprint) - Hardcover

Walter P. Armstrong Jr.

9780260452368: Mississippi Law Journal, Vol. 16: March 1944 (Classic Reprint)

Hardcover

ISBN 10: 026045236X ISBN 13: 9780260452368

Publisher: Forgotten Books, 2020

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Excerpt from Mississippi Law Journal, Vol. 16: March 1944

While the rule announced in the case of Dixie Greyhound Lines M atthews32 is just and sound and supported by much respectable authority, its practical operation is left, to a considerable extent, to the discretion of the trial judge. The Court held that the defendant could have the exam ination under such reasonable restrictions as the court might require. The request for such an examination naturally comes during the progress of the trial because it can be made only after the plaintiff has exhibited the injured parts of his body to the jury. Some examinations, in order to be of value, might require considerable time. Some might require that the plaintiff be kept under Observation for considerable time. The ques tion is as to how long the trial judge would be willing to suspend the trial while the examination is being made. Furthermore, the question might frequently arise as to whether the plaintiff has voluntarily exhibited the injured portions of his body to the jury. If he does not do so during examination by his own counsel, but makes such exhibition at the request of the cross-examiner, has he done SO voluntarily?

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