Mary A. Baker, Respondent, v. New York City Railway Company, Appellant

Mary A. Baker, Respondent, v. New York City Railway Company, Appellant. Second Department, January 25, 1907. Bill of particulars — waiver of right to physical examination should not be required. The granting of a bill of particulars should not be conditioned on a waiver of a right to a physical examination. Appeal by the defendant, the New York City Railway Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 20th day of October, 1906, denying the defendant’s motion for a.bill of particulars. Bayard H. Ames [James L. Quackenbush with him on the brief], for the appellant. William S. Creevey [Julius Henry Cohen with him On the brief], for the respondent. [MAJORITY — Gaynor, J.:] Gaynor, J.: The complaint alleges permanent injúries in general terms. A bill of particulars thereof should have been ordered. It was appar-. ently denied on the ground that the defendant would not, as a condition of granting the motion, waive its right to have a physical examination of the plaintiff. This Was error. The particulars of the injuries may in themselves furnish reason.for a physical examination. Too many other particulars were asked for, and the habit in that respect should be restrained. The order should be' reversed and the motion granted in respect of permanent injuries, without costs. Hirsohberg, P. J., Jenks, Hooker and Rich, JJ., concurred. Order reversed and motion granted "for á bill of particulars in respect of pérmanent injuries claimed, without costs.