The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-16
THIS TINE IT IS A WOMAN
VINO CAN,r SUE UNLESS sHE SUE
Mis- TO PHYSICAL ELIMINATION.

rats mast ne Nsss Either Berors Jusae
Pryor or = Referee or Eise Ni-s Aerer
Lyop's ssu foe Damages Against the
R,eyatsd Esiirosd VIII Hs Tbrowu Dat.
Under law passed by the Legislature last
rear, the defendant In actions for damages for
bodily injuries is entitled to have physical ex-
animation made Of the PLAINTIFF person before
trial and such an examination may be made
either before the Court or before referee ap-
pointed BY the Judge This is an interesting
law especially to women who may bring such
suits. and Il was the subject Of discussion be.
fore Judge Pryor In the Court OF Common
Pleas yesterday.
LAWYER Adams Of Davis. Townsend \ Short
applied on behalf Of the Manhattan Eleva'e ed
Hallway Company. in the suit for personal
damages brought against IL by Agnes X
Lyon. for an order for the physical examina-
ton Of Miss Lyon. Judge Nelson Smith. who
represented Miss Lyon. opposed the granting
OF such an order on the ground that the law
was unconstitutional and the procedure out
rageous.
Miss Lyon is 20 years old. She lives with
her father. John ID. Lyon. an engineer on the
Brooklyn Bridge. at 100 East 1O0th street She
alleges that her spine was permanently and
seriously injured in a collision on the Ninth
avenue elevated road in October, 1892
Through her father as guardian. she has sued
the elevated road to recover 100000 damages.
The law giving the defendant the right to q
physical examination OF the plaintiffs person
In such a case MS this passed .he Legislature.
hidden away IN sections 81 and sI3 OF char
ney for the elevated road. under this statute,
asked Judge Pryor for the order Judge Smith
NEUTRALITY-SUSPICIOUS..
est courts in the country. The law is in con.
f7lct not alone with the state Constitution. but
with the Constitution o! the United states. in.
asmuch as II violates the right OF the plaintiff
to liberty IL deprives her OF the sncredness
and privacy ~ her person and also denriy yes
can be brought IL the right OF examination IS
The law is laid down here" said Judge
Pryor. and must obey It."
Judge Iryor suggested that the constitutions
pnsI This might he done tH At once and = d..
cision obtained within two months Ne would
have to grant the order, The law Ilrccts,,
be male before the, Court or a referee Ap-
Miss l. on's lawyer was OF the opinion that
this made the examination even more out
Your Honor might hold the examination in
no sir" said Judge Pryor emphatically.
tlcman to her private chambers
shall he be, present when her body Is ex-
posed r ssc d5 1%ss S said judge Pryor
she will object
Then he won't DO present. replied Judge
"Will your Honor name tho referee now ?"
asked Lawyer Adams.
NO will not name him now
Judge Smith. in speaking OF this law later.
said that II was stealthily passed rs n amend
ment. and ira. few people , were aware ware that
granted q n I'm Der of orders under Il.
Judge Pryor ap pointed Drs. Ihndon c. Gray
and John 4. Wyeth to make the physical ex-
animation OF Miss Lyon. and he directed the
lawyers to present the necessary papers for
the order for him to sign on Saturday. At
that time he will probably appoint the referee
who will hold the examination