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Dickinson v. Kansas City Elevated Railway Co.

J. F. Dickinson v. The Kansas City Elevated Railway Company

Dickinson v. Kan. City Elevated Ry. Co., 86 P. 150 (Kan. 1906)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
July 6, 1906
Docket
No. 14,698
Citations
86 P. 15074 Kan. 8631906 Kan. LEXIS 164
Disposition
Affirmed.
Syllabus
Damages — Injury to Passenger — Examination by Physician. It was said that the trial court had the power, in a personal-injury case, to require a physical examination of the plaintiff’s injuries by physicians appointed by the court.
Summary
Error from Wyandotte district court; J. McCabe Moore, judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam:

Plaintiff, a passenger on defendant’s road, sued to recover damages for personal injuries, but the jury found for the defendant. Two errors are assigned, but neither is good.

The objection to the appointment of a commission of physicians to make a physical examination was not sufficiently specific, and if it had been the court would have been warranted in overruling it. There was power in the court to require the examination. (Ottawa v. Gilliland, 63 Kan. 165 , 65 Pac. 252 .)

The credibility and weight of the testimony were for the jury. There were circumstances shown tending to discredit the plaintiff’s testimony, and evidently the jury did not believe it. We cannot say that they should have done so, or that there are any grounds for a reversal.

The judgment is affirmed. '

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1963: 119632026peak 1963 · 1

Relies on it most ⓘ

  1. Underwood v. Missouri-Kansas-Texas Rld. Co.381 P.2d 510 (Kan. 1963)

Most recent

  1. Underwood v. Missouri-Kansas-Texas Rld. Co.381 P.2d 510 (Kan. 1963)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
City of Ottawa v. Gilliland, 65 P. 252 (Kan. 1901) 23

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