139 N.Y.S. 934 | N.Y. App. Term. | 1913
The plaintiff and the defendant are both members of the staff of a hospital in the city of Hew York. While the defendant was performing an operation upon a patient he desired the plaintiff’s aid and sent a telephone message requesting the plaintiff to come to the hospital to help him out. Plaintiff immediately came to the hospital and went into the private operating room. A woman was on the operating table. Her abdomen was open and she was suffering from a hemorrhage. The defendant said to him, “ Doctor, I wish you would finish this operation for me; this woman is bleeding; I can’t control it.” Plaintiff then finished the operation. The defendant was performing the operation for a fee of ten dollars and the patient was not strictly a charity patient, although the defendant was paying for the private room. The plaintiff thereafter brought this action to recover the reasonable value of his services.
Judgment should be reversed, with costs, and complaint dismissed, with costs.
Seabuby and Page, JJ., concur. .
Judgment reversed, with costs, and complaint dismissed, with costs.