Current Medical Literature

1901 Journal of the American Medical Association (JAMA)  
tending to show that he was not liable for breach of the con¬ tract, if made. Furthermore, without discussing the question whether, if the defendant had properly pleaded such defensive matter as a bar, a physical examination of the plaintiff by physicians to be appointed by the court could have been or¬ dered, on the defendant's motion, for the purpose of determin¬ ing whether her physical condition was such as to present an obstacle to marriage, the court holds that it was not error to refuse
more » ... ot error to refuse to sustain such a motion in this case. It says that, as bearing on the question as to whether the defendant did prom¬ ise to marry the plaintiff, the evidence of her physical condition was collateral only, and did not relate to the matter imme¬ diately under investigation. Certainly a physical examination should be ordered only when it is necessary to determine the ex¬ istence of the very cause of action or defense pleaded in the case. Such an examination is for the purpose of bringing before the jury, as nearly as may be. the real evidence relating to the cause of action or defense. Current Medical Literature. Titles marked with an asterisk (·) are noted below.
doi:10.1001/jama.1901.02470220060027 fatcat:2icfetyigjalzib4wgkad624ha