203 Wis. 536 | Wis. | 1931
Susan Stadler is a single woman more than twenty-one years of age. She lived with her father. Although she occasionally had employment from which she earned small sums, it does not appear that her earnings were sufficient to support her. At any rate, she paid her father nothing for her maintenance.
On March 10, 1927, she called at the office of plaintiff, a practicing physician in the city of Appleton, for professional services. The plaintiff discovered that she was suffering from appendicitis and told her that an operation was necessary. She then told the doctor to call her father, the defendant Anton Stadler, and advise him óf the situation. The plaintiff got into telephone communication with the father, and the father asked him if he could not give Susan some
This action was brought against the father and daughter to recover the amount of the plaintiff’s charge. The question is whether the father is liable for the doctor’s services. It is not contended that the father is liable for the services because of the family relation. It is conceded that if he be liable at all it must be upon contract, expressed or implied. The father concedes that he called the plaintiff during the afternoon and told him to come and get Susan, take her to the hospital and take care of her. He contends, however, that he did this merely as the agent of Susan. He does not claim that he told the plaintiff that he was acting merely as Susan’s agent or that he was communicating with the plaintiff at Susan’s request. The plaintiff claims that in performing the services he extended credit to the father. The fact that he charged the account upon his books to the daughter is a circumstance which not only does not corroborate the claim but may be urged in dispute thereof. However, it is not conclusive against the claim of plaintiff.
We have, then, a situation where the father called the plaintiff, told him to take the daughter to the hospital and take care of her, and the plaintiff responding to the request or the direction, There was nothing to indicate to the plaint
A review of the evidence supports the finding of the court that the father called upon the plaintiff to perform the operation on his daughter, that in doing so plaintiff extended credit to the father, and that the father assumed responsibility for the services rendered by the plaintiff. It is a general proposition supported by many authorities that he who orders a physician to come to his home to treat a member of his family becomes responsible for the payment of the physician’s services unless he makes it known to the physician that he disavows responsibility. Best v. McAuslan, 27 R. I. 107, 60 Atl. 774; Bradley v. Dodge, 45 How. Pr. (N. Y.) 57;
By the Court. — Judgment affirmed.