Harral v. Vanorsten
Supreme Court of Louisiana
Appeal from the commercial court of New Orleans. This is an action on a physician’s account for services rendered in dressing the wounds and curing the defendant, who was severely hurt while on pal-ade the 22d February, 1839, by the accidental explosion of a cannon. The plaintiff alleges that the defendant is indebted to him for his attendance as a physician and surgeon in the sum claimed, and for which he prays judgment.
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Appeal from the commercial court of New Orleans. This is an action on a physician’s account for services rendered in dressing the wounds and curing the defendant, who was severely hurt while on pal-ade the 22d February, 1839, by the accidental explosion of a cannon. The plaintiff alleges that the defendant is indebted to him for his attendance as a physician and surgeon in the sum claimed, and for which he prays judgment. The defendant denied that the plaintiff’s services were worth what he charged, even if he (defendant) was responsible, which he denied. That the plaintiff, being snrgeon to…
1Opinion of the CourtGarland, J.
[546] This is an action to recover the sum of $397 75, balance of account for services rendered as a physician and surgeon. The defendant resists the payment on the ground that it was the duty of the plaintiff to attend on him without compensation.
It appears the plaintiff is the surgeon of the 4th i-egiment of Louisiana militia. The defendant is a private in an artillery company attached to that regiment. On the 22d of February, 1839, both plaintiff and defendant being on parade, the latter^ in obedience to the command of his proper officer, was loading a cannon, which was fii’ed prematurely,…
2Cited by2 opinions
- Nelson v. Crescent City RailroadSupreme Court of Louisiana · 1897
- Penn v. CollinsSupreme Court of Louisiana · 1843