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Market price, future, notes 140-141. See also Value of corporate stock, infra.

Marriage, promises of, note 100.
Meat market, note 124.
Mechanic's lien, note 132.

Medical and surgical supplies, note 141.

Medical director or examiner, notes 88, 96, 97.

Medical institutions, note 3.
Medical service, promise of, note 142.
Merchandise, broken assortment, notes
127, 141.

packing of, note 141.
orders for, note 141.

Milldam, water for, note 123.
Mills, notes 3, 64.

machinery for, note 123.

Mines and minerals, notes 19, 23, 114. "Money back," if dissatisfied, note 126.

Money, loaning of, note 102.

promises to pay, note 101. Mortgages, see Encumbrances, supra. Motion picture business, profits from, note 64.

Motorbus, profits from, note 137.
Musician, promise to employ, note 96.
Musicians' directory, note 49.
Negotiable instruments, see Notes, in-
fra.

News, Associated Press, note 79.
Newspaper contest, note 113.
Notes, generally, notes 132-136.

representations as to payment,
notes 22, 80, 83, 88, 96.
evidence regarding, see Evidence,
supra.

Number in attendance, note 64.
Nursery stock, note 141.

Offices and stores, branch, note 129.
Oil, see Mines and minerals, supra.
"Old stand," promise to continue busi-
ness at, note 141.
Options, notes 68, 76, 128.
Orchards, productiveness of, notes 42,
78.

railroad facilities, note 94. Packing company, note 83. Packing of merchandise, note 141.

Packing plant, profits from, note 64. "Pan out," note 81.

Parks, notes 69, 76.

See also Picnics, infra.

Parol evidence, see Evidence, supra. affecting commercial paper, note

135.

Partition decree, promise to set aside, note 68.

Partnerships, note 116.

Patents and inventions, note 115.
Payment of money, note 101.
Payment of note, notes 135–136.
Pedigree, promise to furnish, note 119.
Permit, securing of, from health de-
partment, note 76.

Personal attention, promise to give, note 142.

Personal injuries, notes 96, 97, 1171. Personal property, sales of generally, note 141.

Photograph business, note 124.
Physicians, notes 3, 88, 96, 97, 142.
Piano contest, note 113.

Picking crops, promise of advance for, note 152.

Picnics, attendance at, note 64.
Pier, note 43.

Plank road, location of, note 83.
Pleadings, notes 159-164.

Plumbing and heating system, note 127.

Policy of corporation, note 79.
Popcorn stand, profits from, note 64.
Portable saw mill, note 141.
Portraits and sketches, note 143).
Possession, promise of, notes 68, 76.
Postdated check, promise of payment,
note 101.

Premiums on insurance, note 104.
Presumption and burden of proof, see
Burden of proof, supra.

Price, advances in, notes 141, 1431.

See also Value of corporate stock, infra.

Price, declines in market, notes 140141.

Prizes and contests, note 113. Proceeds of note, use of, note 133. Profits and income, generally, notes 63-65.

Profits from corporate stock, notes 79, 80, 81, 83, 86-88, 94.

from motorbus, note 137.
to surety, note 135.

Prospects of corporation, notes 79, 80, 81, 83, 86, 87, 88, 94.

Prospectus, representations in, notes 10, 79, 94, 112.

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Purpose of manufacturers, note 142. Purpose of purchasing realty, notes 72-74.

Quartz mill, note 64.

Railroad depots, see Depots, supra. Railroad rails, purchase of, note 52. Railroads, generally, notes 93-95. construction of, note 67. consolidation of, notes 79, 143. See Stocks and bonds, infra. See Street and electric railways, infra.

Railway shops, notes 51, 66.

Raisins, advances for picking, note 152.

Rates, reduction of, note 88.

amount of freight, note 141.

Real estate brokers, note 44.

Real estate business, profits in, note 64.

Real property, conveyances of, generally, notes 64-71.

Rebates, notes 79, 80, 142.

See also Discounts, supra. Reconveyances, notes 44, 66, 68, 102. Redemption of land, notes 22, 44, 100, 111, 143.

Reduction in amount of note, note 132. Re-entering of business by seller, note 124.

Refund, promise to make, notes 66, 126, 135.

Releases, note 117.

Removal of railway shops, note 66. Renewal of leases, notes 76, 77. Renewal of notes, notes 83, 88, 132, 135.

Rents, income from, note 79. Reorganization of business, note 141. Reorganization of railway, note 143. Repair business, profits from, note 65. Repairs, notes 22, 127, 138, 139.

of leased property, notes 76, 77.

Resale or repurchase of corporate

stock, notes 79, 82, 83, 86, 88. of real property, notes 48, 66, 68. of lease, note 75.

Resort, summer, note 76.
Restaurants and restaurant business,
notes 64, 76, 77.

Retailer, notes 80, 129, 140, 141.
Return of deposit, note 66.
See also Refund, supra.
Rock drills, note 141.

Roofs, note 42.

Rooming houses, notes 46, 64.

See also Boarding Houses, supra. Room, relinquishment of claim in, note 70.

Royalties, notes, 115, 122.

Safety devices, increase in price, note 1431.

Sales, exclusive rights, note 125. Sales of personal property, generally, note 141.

Satisfaction, notes 33, 127.

promise to repurchase, notes 33, 79.

promise to give, note 141.

refund if dissatisfied, note 126. Satisfactorily, representation that machine would work, note 141.

Sawmill, notes 3, 141, 143.
Schedule of boats, note 79.
School fund, loan from, note 102.
Schools and scholarships, note 118.
Seeds and grain, note 66.
Seller, promise not to re-enter busi-
ness, note 124.

"Seller's talk," notes 42, 141.

See also "Dealer's talk," supra. Separation agreements, note 100. Sewing machines, exclusive agency, note 125.

Shoe repair business, profits from, note 65.

Shops, railway, notes 51, 66.

foundry and machine, note 74. Silk raising, profits from, note 64. Slaves, note 121.

Soda fountain, note 125.

Songs and copyrights, note 122. Special or intimate knowledge, notes 41-43, 87.

Speedway, completion of, note 142.
Stallion, note 120.

Statute of frauds, notes 12, 38, 44, 71.
Statutes, note 167.

Steamboats, see Boats, supra.

Steam plow, see Farm implements,

supra.

Stock and bond subscriptions, notes 10, 22, 29, 781-92.

of railway companies, notes 9495.

Stockbroker, note 26.

Stock exchange seat, promise to retain, note 142.

Stock food, note 141.

Stockyards, note 83.

Store, location of, note 79.

Stores and offices, branch, note 129. Street and electric railways, notes 22, 67, 69, 76, 143.

Street improvements, notes 45, 55, 67,

69.

Subscription, see Stock subscription, supra.

Subscription to educational institutions, note 118.

to books, note 1431.

See also Completion, supra. Suburban depot, note 69.

See also Depots, supra.
Suitability of premises, note 76.
Summer hotel, notes 22, 76.
Summer resort, note 76.
Superior knowledge, notes 41-43, 87.
Supervision of corporation, note 90.
Supplies and produce, see Farm sup-
plies, supra.

Supplies, means of securing, note 129.
Support, notes 57, 108-110, 157.
Surety, on attachment bond, note 111.
profits to, note 135.

promise to become, note 142. promise to procure, note 135. Syndicate to purchase realty, note 66. Tailoring business, note 76.

Tanning business, obtaining permit for, note 76.

Taxes and interest, promises to pay, notes 66, 100, 133.

Telegraph, completion of line, note 79. Timber and timberland, notes 3, 64, 66, 141, 143.

Time, writing or publishing legal works, note 130.

payment of notes, note 132. See also Completion, supra. Threshing machine, note 64.

See Farm implements, supra.
Threshing outfit, note 141.
Tollgates, see Turnpikes, infra.
Tractors, notes 3, 141.
Trade information, note 142.
Trade talk, note 79.

See also "Dealer's talk," supra.
Trucking business, note 51.

Trusts and trust relations, notes 22, 44, 55-60.

Turnpikes and tollgates, notes 72, 79. Typewriters, note 141.

Value of corporate stock in future, notes 79, 80, 81, 83, 86-88, 94, 164.

See also Profits and income, supra.

Vendor's lien, note 132.

Viaduct, note 67.

Water and gas mains, note 67.
Waters and water rights, notes 18, 123.
See Irrigation, supra.

Wells, drilling of, notes 18, 51, 75, 79. Wells, future production of oil, note 64.

See also Mines and minerals, supra.

Wholesale business, notes 80, 129, 141, 142.

Willow cuttings, note 141.
Wills, notes 60, 158.

Wood, see Timber, supra.
Wool, notes 119, 141.

Young Men's Christian Association, note 145.

R. E. H.

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Discovery, § 21 — right to require physical examination.

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1. The court may require plaintiff in an action to recover damages for

51 A.L.R.-12.

personal injuries to submit to a physical examination by a physician appointed by the court, under penalty of having his case dismissed upon failure to comply with the order.

[See annotation on this question beginning on page 183.] Discovery, § 21 — requiring plaintiff to visit office of examining physician. 2. The court does not abuse its discretion in requiring plaintiff in an action to recover damages for personal injuries to go to the office of a physician for physical examination as to the extent of the injuries, which are al

leged to have included a broken bone, which suggests an X-ray examination, where it authorizes the presence of plaintiff's physician and husband during the examination.

[See 14 R. C. L. 709, 710; 3 R. C. L. Supp. 265.]

APPEAL by plaintiff from a judgment of the Baltimore City Court (Duffy, J.) in favor of defendant in an action brought to recover damages for personal injuries, alleged to have been caused by its negligence. Affirmed. The facts are stated in the opinion of the court. Mr. J. Cookman Boyd for appellant. Mr. Walter L. Clark, for appellee: The Baltimore city court had power to order the plaintiff to submit to a physical examination.

United R. & E. Co. v. Cloman, 107 Md. 681, 69 Atl. 379.

The judgment of non pros. was properly entered.

Scheffler v. Lee, 126 Md. 376, 94 Atl.

907.

Mr. Charles G. Page also for appellee.

Pattison, J., delivered the opinion of the court:

This appeal is from a judgment of non pros, entered against the appellant, plaintiff below, in favor of the appellee, Hutzler Brothers Company.

It is alleged in the declaration, filed August 17, 1925, that the plaintiff, while walking on the sidewalk, and crossing an alley at the rear of defendant's building, belonging to and used by the defendant for ingress and egress, "she stepped into a quantity of oil and grease negligently and carelessly dropped there by the defendant, and negligently and carelessly permitted to remain there by said defendant; . . . that as a result thereof she slipped and fell, and broke her left ankle at the joint in two two places, her body was severely bruised, her nervous system shocked, she suffered great physical pain and mental anguish, she was put to great expense for medical at

tention, she has been prevented from attending to her usual avocations, and other great, serious and permanent injuries have been by her thereby sustained."

The defendant filed its plea upon which issue was joined. On the 2d day of November, 1925, the defendant filed its petition asking the court to appoint some disinterested, competent, and reputable physician of Baltimore city to make an examination of the plaintiff, and to report to it the result of his examination as to her condition caused by the fall complained of.

The defendant in its petition called the attention of the court to the allegations of the declaration, wherein, among other things, it is alleged that the plaintiff, in consequence of the injuries received from said fall, "has been prevented from attending to her usual avocations, and has sustained other great, serious and permanent injuries," and for the injuries so received she claims $10,000 damages.

The petition also alleged that the defendant "has no information regarding the exact injuries sustained by the plaintiff, and no information indicating that the plaintiff's injuries were permanent or even serious, but, on the contrary, is advised by the nurse in charge of its infirmary, who rendered first aid to plaintiff at the time the injury occurred, that she apparently twisted

(— Md. --, 136 Atl. 30.)

her ankle," and that the defendant has, through its counsel, "made applications to the plaintiff's counsel for leave to have a physical examination made by some reputable and competent physician of Baltimore city," which request was refused, unless the defendant admitted liability for the injuries.

An affidavit was made to this petition, and upon the same day the court passed the following order: "Ordered by the Baltimore city court that, unless cause to the contrary be shown on or before the 9th day of November, 1925, Dr. George E. Bennett be appointed a special medical examiner for this court for the purpose of making an examination of Emily Brown. That the said physician shall make an examination of the plaintiff, and shall make a report, in writing, to the court, said report to be filed as a part of the proceedings in this case, and shall submit himself as a witness at the trial of this case to be subject to cross-examination by both the plaintiff's and defendant's attorney, and that the fee of said physician for making the report and testifying shall be charged as a part of the costs in this case. Copy thereof to be served on attorney for plaintiff on or before the 3d day of November, 1925."

The plaintiff on the 9th day of November, 1925, filed her answer to defendant's petition, in which the plaintiff denied the allegation of the defendant "that it has no information regarding the exact injuries sustained by the plaintiff, and no information indicating that the plaintiff's injuries were permanent or even serious," and averred that, after the happening of the accident complained of, the plaintiff "was taken to the store of the defendant, where she was examined by the defendant's expert trained nurse, and the nature of her injuries was made fully apparent to the said defendant, and that an examination by the defendant's doctor would result in nothing other than harassment to the plaintiff."

In her answer she admitted "that she did agree to subject herself to an examination by some reputable physician for the defendant, upon condition that the defendant would agree to a settlement based upon the finding of the defendant's medical examiner as to injuries sustained by the plaintiff." The contention is then made in the answer that the case was not one that warranted the appointment by the court of a physician to examine the plaintiff, but should the court hold otherwise, the order should then "provide for some disinterested physician, selected by both the plaintiff and defendant, and, in default of agreement by this court, at such time as may be convenient to the plaintiff and in the presence of the plaintiff's physician, and that the cost of such examination, in any event, should be upon the defendant."

On the 23d day of November the court passed its final order by which it appointed Dr. George E. Bennett special medical examiner for the court, and authorized and directed him to make a physical examination of the plaintiff, and to report, in writing, to the court, with reasonable promptness, giving the result of such examination of the plaintiff, and to send copies thereof to the attorneys for the plaintiff and defendant; "and, upon proper summons, to submit himself as a witness at the trial of the case, and testify as an expert, appointed by the court, and be subject to cross-examination by the attorneys for the plaintiff and the defendant;" and that he be allowed reasonable fees for making the examination and for testifying in court, and that such fee or fees shall be charged as part of the costs in the

case.

On the 19th day of December, 1925, the defendant filed its second petition, in which it alleged that a copy of the order of the court, passed on November 23, 1925, was transmitted to Dr. Bennett on the 11th day of December following,

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