“ Justice Roberts, for the majority, stated, one of the rights of a person 'is the right not to be injured in one's person by another's negligence, to redress infraction of which the present action was brought.' 312 U.S., at 13, 61 S.Ct., at 426. ”

“ This is not to say, however, that, following the setting of guidelines in this opinion, any future allegation that the District Court was in error in applying these guidelines to a particular case makes mandamus an appropriate remedy. The writ of mandamus is not to be used when 'the most that could be claimed is that the district courts have erred in ruling on matters within their jurisdiction.' Parr v. ”

“ As we read its opinion, the Court of Appeals reached the 'in controversy' issue and determined it adversely to petitioner. 321 F.2d at 51. It did not, however, reach the issue of 'good cause,' apparently considering that it was not appropriate to do so on a petition for mandamus. [7] Ibid.
We recognize that in the ordinary situation where the sole issue presented is the district court's determination that 'good cause' has been shown for an examination, mandamus is not an appropriate remedy, absent, of course, a clear abuse of discretion. See Bankers Life & Casualty Co. v. ”

“ Schlagenhauf v. Holder
Argued: Oct. 13, 1964. --- Decided: Nov 23, 1964
This case involves the validity and construction of Rule 35 (a) of the Federal Rules of Civil Procedure as applied to the examination of a defendant in a negligence action. Rule 35 (a) provides:
'Physical and Mental Examination of Persons. (a) Order for Examination. In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may order him to submit to a physical or mental examination by a physician. ”