60 Ind. App. 223 | Ind. Ct. App. | 1915
This was an action by appellee on account, in which he recovered $350 for medical and surgical services rendered to Carl Holsappel, at the request of appellant. The evidence shows that on the afternoon of January 2, 1912, Carl Holsappel was injured by one. of appellant’s trains traveling eastward in Greene County, Indiana, that by the direction of appellant’s superintendent he was picked up by the conductor of a westbound train, to be taken to Worthington, that the company’s
Shortly after that, Jamison called Dr. Bryan over the telephone, and told Dr. Bryan that the company had found that Holsappel was a trespasser, and it was not liable for his injury, and would not be responsible for any further medical services rendered to him. Dr. Bryan told him that Holsappel would die if not taken care of, but Jamison refused to accept further liability. Jamison then communicated
Appellant questions the correctness of several instructions given by the court to the jury. It is urged as an objection to several of these that Jami-son had no authority to bind the company for medical services.
We have referred to these cases out of the number in which kindred questions have been considered, for the purpose of showing how far some authorities have gone, which seem to be in accord with the direct holdings and intimations in our own State. In some jurisdictions the rule as announced has been extended, in others it has been limited. It seems to us, however, that all of the better reasoned cases have limited the recovery of physicians employed as was appellee in this case to what should be termed as emergency or first aid services, and no more. And in all such cases an emergency exists where the exigencies are of so pressing a nature that immediate action must be taken to relieve the injured party from his present suffering, or preserve his life, and
We have examined the record in this ease carefully, and we. are unable to find any evidence from which the jury could fix the value of the services rendered by appellee falling within the foregoing rule and the law generally covering this case.
Note. — Reported in 110 N. E. 218. As to liability of master for services of physician ■whom he summons to care for employe, see 18 L. R. A. (N. S.) 174. As to the implied authority of officers, agents or servants to contract for medical, surgical or other attendance or supplies for sick or injured persons, see 3 Ann. Cas. 570; Ann. Cas. 1912 C 474. See, also, under (1) 10 Cyc 926; 30 Cyc 1597; (2) 2 C. J. 662; 10 Cyc926; 31 Cyc 1399; (3) 30 Cyc 1597; (4) 30 Cyc 1597,1598; (5) 30 Cyc 1597; 31 Cyc 1401.