Sambuck

The plaintiff brought this action for damages for personal injuries of a permanent nature received in a collision and train wreck while traveling as a 'passenger on defendant’s railroad train. On a trial with a jury, plaintiff had a verdict and judgment for $6,000. The defendant appeals from said judgment and from an order denying it a new trial.

1. The principal contention of appellant is based on an alleged error of the court in refusing to compel the plaintiff to submit his body to an examination, on motion of appellant. Conceding that the plaintiff refused to permit an inspection of his person at the trial, and for the purposes of the argument that the court erred in refusing to order him to submit, yet we think it is plain, from the record before us, that defendant was not injured thereby. The most that such an inspection could disclose in aid of defendant would have been to establish the fact that there was no external evidence of any injury; but this fact was subsequently fully established, and without conflict, by one of plaintiff’s own witnesses. W. .R. Congdon, the doctor who was still treating plaintiff at the time of the trial, testified that he examined him about the…