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January 26, 1935


JAMA. 1935;104(4):344. doi:10.1001/jama.1935.02760040076038

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Paternity: Blood Grouping Tests to Determine Paternity.—  The plaintiff sued the defendant for damages for a carnal assault, alleged to have been committed by the defendant, as a result of which the plaintiff gave birth to a child. The defendant, denying all of the material allegations of the complaint, requested the court to require the plaintiff and her child to submit to a physical examination pursuant to the provisions of section 306 of the Civil Practice Act of New York, and, in connection therewith, to permit the taking of samples of blood of the plaintiff and her child for examination and analysis. Section 306, Civil Practice Act of New York, provides in part as follows:In an action to recover damages for personal injuries, if the defendant shall present to the court satisfactory evidence that he is ignorant of the nature and extent of the injuries complained of, the court,

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