McCarthy v. Missouri Railroad
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay, J. The superintendent of a railway corporation is not authorized, by virtue of his position, to employ a physician at the expense of the company to attend a person injured by its cars.-—Brown v. Railroad, Co., 67 Mo. 122; Tucker v. Railroad Co., 54 Mo. 181; Stephenson v. Railroad Co., 2 Duer, 341; Cox v. Railroad Co., 3 Exch. 368 ; Mex/berry v. Railroad Go., 75 Mo. 492.
1Opinion of the CourtThompson, J.
This action was brought before a justice of the peace to recover the sum of fifty dollars for professional services rendered by the plaintiff as a physician and surgeon, at the réquest of the defendant, Charles M. Allen, superintendent of the defendant, the Missouri Railroad Company. On trial anew in the circuit court, the plaintiff- had a judgment *386against both defendants for forty-five dollars. He after-wards entered a remittitur as to the defendant Allen. The other defendant has appealed.
The record recites that, when the case was called for trial, both parties waived a jury in open court;…
2Cited by8 opinions
- Wittenberg v. OnsgardSupreme Court of Minnesota · 1899
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1905
- Meisenbach v. Southern Cooperage Co.Missouri Court of Appeals · 1891
- Ghio v. Schaper Bros.Missouri Court of Appeals · 1914
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