52 Kan. 433 | Kan. | 1893
The opinion of the court was delivered by
This was an action by Doctor Winter-botham to recover from the Union Pacific Railway Company $200 for services rendered by him as physician and surgeon for an employé of the company. The case was submitted to the jury upon the testimony, and a verdict was returned for $200, with interest from November 6, 1889, and judgment thereon was rendered for the sum of $204.
The principal contention is, that the testimony was insufficient to justify the verdict that was returned. From the testimony of the plaintiff below, it appears that on May 9, 1889, while F. W. Johnson was employed in the capacity of
(Union Pacific form No. 2191.)
Wallace, May 10, 1889.
To W. S. Barr: Brakeman Johnson had his foot run over at Oakley, and asks us to notify Doctor Winterbotham to be at his home on the arrival of train 202, to dress it, as he does not want doctors at Oakley to do it. I presume there is a way for him to get from the depot to his home. Please notify the doctor. A. T. P.”
Johnson was placed on the next train going to Salina, and when he arrived there he was met by Mr. Barr, the agent, who inquired whether he wanted to go to the office of Doctor Phillips, who was the company’s local physician at that place, or to be taken home. He replied that he desired to be taken home, and to have Doctor Winterbotham to attend him. Mr. Barr sent him to his home, and immediately proceeded to the office of Doctor Winterbotham and solicited the doctor to accompany him to Johnson’s home. He stated that he had received a dispatch from the division superintendent requesting him to have Doctor Winterbotham treat the patient. Barr first took the doctor to the Union Pacific depot, and there obtained medicines, instruments and surgical appliances belonging to the company, for use in the operation to be performed upon Johnson. After an examination of the injured foot, and upon consultation with other physicians, amputation was determined to be necessary, and was accordingly
The judgment of the district court will be affirmed.