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Unformatted text preview: Union Pacific v Botsford 141 U.S. 250; 1891 CASE SUM MARY PROCED U RAL POSTURE: Appellant railroad sought review of a judgment of the United States Circuit Court for the District of Indiana, which denied the railroad's motion for an order requiring appellee personal injury claimant to submit to a surgical examination in order to determine the extent of her alleged injuries suffered as a passenger. OVERV I EW: The personal injury claimant was a passenger in a t rain owned by the railroad when the berth in which she was sleeping collapsed on her, ruptu ring the membranes of her brain and spinal cord. The personal injury claimant filed suit against the railroad for negligence in the construction of the railroad car which allegedly caused her permanent injur ies. The railroad claimed that it was entitled to an opportunity to surgically examine the personal injury claimant to determine her diagnosis and the extent of her inju ries. The court disagreed and affi rmed the judgment of the t r ial court. The court held that there was no authority under the common law or statutory law for the t r ial court to order such an examination. OU TCO M E: The court affi rmed the denial of the railroad's motion to surgically examine the personal injury claimant. ...
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