93 Ala. 132 | Ala. | 1890
— The case was tried by the court without the intervention of a jury. The suit was upon an account to recover for medical services rendered by the plaintiff to an employé of the defendant. The evidence tends to show that the employé, while engaged in the performance of his duty, had his leg fractured by a runaway horse; and the plaintiff having been called professionally to attend the patient, met J. W. Hughes, an agent of the defendant, and inquired of him, who would be responsible for his medical attention to the injured party. The evidence conflicts as to this conversation .between them; but it is evident the plaintiff did not intend to' render gratuitous services, and that he did not rely upon either Hughes or the patient for compensation. We think this is shown not only by plaintiff’s testimony, but by defendant’s. The witness Hughes testifies, that piainliff pressed him to say that defendant would be responsible, but he says he told plaintiff that “he had no authority to bind the defendant” by such a contract, “but that he would write to the company and let him (plaintiff) know.” The evidence then shows that, on the next
The question becomes narrowed down to the extent of the employment of plaintiff by Hughes. A careful examination of the testimony leads us to the same conclusion as that reached by the trial court. We are satisfied the hospital fees did not include the fees for medical treatment. No question is made as to the value of the services.
Affirmed.