69 Iowa 620 | Iowa | 1886
We have some doubt as to the meaning of this instruction. If the court meant that express authority must be shown, then the verdict is clearly against the evidence. If the court meant that the authority of Dr. Cox could be implied from his employment, and the duties he was expected to perform, the jury should have been so told; and certain it is that the jury, under the instruction, could have found that express authority was conferred, or that it could be implied. Certain it is, also, that the jury were authorized to allow, and in fact they must have allowed, the plaintiff compensation for certain meals furnished the relatives of the deceased, who were not in any respect in the employ of the defendant. Before the plaintiff can recover such compensation, it must appear that Dr. Cox was expressly authorized to make such contract. Such authority cannot be implied. Mayberry v. Chicago, R. I. & P. R’y Co., 75 Mo., 492.
Reversed.