BENNING v. PHELPS

No. 73, Docket 24660.

249 F.2d 47 (1957)

John BENNING, Plaintiff-Appellee, v. Richard L. PHELPS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 7, 1957.


Attorney(s) appearing for the Case

Fitts & Olson, Brattleboro, Vt. (Osmer C. Fitts, Brattleboro, Vt., of counsel), for defendant-appellant.

Gannett & Oakes, Brattleboro, Vt. (James L. Oakes, Brattleboro, Vt., of counsel), for plaintiff-appellee.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.


PER CURIAM.

Defendant appeals from a judgment for plaintiff entered upon a jury verdict in an action brought to recover damages for injuries sustained in an automobile collision.

Prior to the commencement of this action, plaintiff, at defendant's request, voluntarily submitted to a physical examination by a physician of defendant's choice. Later, after suit was filed, plaintiff refused to submit to another physical examination and the defendant moved the trial...

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