Union Pacific Railway Company v. Botsford
Encyclopedia
Union Pacific Railway Company v. Botsford, was a case before the United States Supreme Court.
A railroad passenger sustained permanent injuries to her brain
and spinal cord
. She sued the railroad for negligence in the construction of the railroad car which allegedly caused her injuries. The railroad claimed that it was entitled, without her consent, to an opportunity to surgically examine her to determine her diagnosis and the extent of her injuries.
The court disagreed, holding that there was no authority under the common law or statutory law for the trial court to order such an examination.
A railroad passenger sustained permanent injuries to her brain
Brain
The brain is the center of the nervous system in all vertebrate and most invertebrate animals—only a few primitive invertebrates such as sponges, jellyfish, sea squirts and starfishes do not have one. It is located in the head, usually close to primary sensory apparatus such as vision, hearing,...
and spinal cord
Spinal cord
The spinal cord is a long, thin, tubular bundle of nervous tissue and support cells that extends from the brain . The brain and spinal cord together make up the central nervous system...
. She sued the railroad for negligence in the construction of the railroad car which allegedly caused her injuries. The railroad claimed that it was entitled, without her consent, to an opportunity to surgically examine her to determine her diagnosis and the extent of her injuries.
The court disagreed, holding that there was no authority under the common law or statutory law for the trial court to order such an examination.