88 Ga. 300 | Ga. | 1892
Judgment affirmed.
Doctor Daniel sued G. W. & E. M. Clayton upon an account for medical services rendered to one Troy Rivers. There was a verdict for the defendants. A motion for a new trial was made, upon the grounds that the verdict was contrary to law, evidence, etc. A new trial was granted, and the defendants excepted. The evidence for the plaintiff was to the following effect:
The testimony for the defendants was to this effect: When the accident occurred they were about a mile away, and when they arrived, found that Rivers had been carried to a house. They walked in ; one of them felt the negro’s pulse and asked if a doctor had been sent for. Plaintiff stepped forward and said he was the doctor, and this defendant asked what he had done for the negro, and, the doctor replying he had given him morphine, asked if a little brandy would not help him, and the doctor said, “Yes,” and gave him some. The doctor then suggested that Rivers ought to have something to lie upon, and the other defendant purchased a cot and sent it down for Rivers. Defendants never employed plaintiff nor intimated that they would pay any bill. Rivers was simply hired by the day. Plaintiff never asked them if they would pay the bill until after the services were rendered, nor intimated that he would look to them for payment, and when he presented the bill, was told they had nothing to do with it and were not responsible for it. During the time Rivers was confined to his bed he was furnished by defendants with a house, a cot, wood and provisions for himself and mother. One of the defendants testified that he knew something of medicine, and nearly always acted as doctor for any of his hands who might be sick or get hurt; •