75 Ind. App. 660 | Ind. Ct. App. | 1921
This is an action by appellee against appellant to recover damages, alleged to have been caused by the negligence of the latter in failing to exercise reasonable care to keep a certain sidewalk and alley intersection in a safe condition for travel. The complaint is in a single paragraph, and after a demurrer thereto was overruled, issues thereon were j oined by an answer in general denial. The cause was submitted to a jury for trial, which returned a verdict in favor of appellee for $2,500, together with its answers to certain interrogatories submitted by the court. Appellant’s motion for judgment in its favor on the answers to the interrogatories notwithstanding the general verdict was overruled, and like rulings were made on its motion and supplemental motion for a new trial. Appellee’s motion for judgment on the verdict was sustained, and judgment was rendered accordingly. Appellant is now prosecuting this appeal on an assignment of errors, which requires a determination of the questions hereinafter considered.
Appellant contends that the court erred in overruling its motion, filed on June 20, 1919, whereby it sought to have the court appoint a physician or physicians to make a physical examination of appellee. The record discloses that this action was begun on October 11, 1917, to recover damages for injuries alleged to have been received on December 26, 1916; that on November 21, 1917, the court, in pursuance of a motion made by appellant, appointed Dr. Andrew P. Letherman to make a physical examination of appellee, and ordered her to appear at his office on November 24, 1917, for such pur
From the foregoing statement it appears that the trial court, in ruling on appellant’s motion, had before it a case where a plaintiff was seeking to recover damages on account of personal injuries in the sum of $5,000, based very largely on the fact that her injuries were not only permanent, but had rendered her a cripple for life. The injuries alleged were confined to the left arm, elbow and shoulder. It is apparent that a physical examination of such parts could have been made without unreasonable pain, or danger to appellee’s health. The only physical examination of appellee, that had theretofore been made under an order of court, was had about eleven months after she received her injuries, and nineteen months before the trial of the cause. -The injuries were of such a character, that nature would probably work a great change for the better in the course