KIRBY LUMBER CORP. v. OVERSTREET

No. 3128.

262 S.W.2d 805 (1953)

KIRBY LUMBER CORP. v. OVERSTREET.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 10, 1953.


Attorney(s) appearing for the Case

Fountain, Cox & Gaines, Joyce Cox, Howell Cobb, Houston, for appellant.

Smith & Lehmann, Houston, Campbell & Foreman, Livingston, R. A. Richardson, Stanley Coe, Kountze, for appellee.


HALE, Justice.

This is an appeal from a judgment rendered in a non-jury trial awarding to appellee $27,500 as compensatory damages on account of personal injuries negligently inflicted upon him in an automobile collision which occurred on September 14, 1950. The sole question presented on the appeal is whether the trial court erred in denying the motions of appellant for a physical examination of appellee as a condition precedent to the trial of the case.

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