Union Pacific Railway Company V. Botsford
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''Union Pacific Railway Company v. Botsford'', 141 U.S. 250 (1891), was a case before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.


Background

A railroad passenger, Clara L. Botsford, sustained permanent injuries to her brain and spinal cord when a berth from a
sleeping car The sleeping car or sleeper (often ) is a railway passenger car (rail), passenger car that can accommodate all passengers in beds of one kind or another, for the purpose of sleeping. George Pullman was the American innovator of the sleeper car. ...
fell upon her head. She sued the railroad for negligence in the construction of the railroad car which allegedly caused her injuries. The Union Pacific Railway Company 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.


Decision

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: "No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.".


See also

* ''Union Pacific R. Co. v. Cheyenne'' (1885) * ''Kansas Pacific R. Co. v. Dunmeyer'' (1885) * ''Brushaber v. Union Pacific Railroad'' (1916) * ''Union Pacific Railroad v. Brotherhood of Locomotive Engineers'' (2009)


References


External links

* {{United States tort case law United States Supreme Court cases 1891 in United States case law 1891 in case law 1891 in rail transport Railway case law Union Pacific Railroad United States Supreme Court cases of the Fuller Court United States tort case law Medical privacy Medical case law United States health case law