Legal Opinion

Greensfelder v. Witte Hardware Co.

Missouri Court of Appeals

Decided April 6, 1915PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court. — How. Rhodes E. Cave, Judge. (1) Where one person merely requests a physician to perform services for another, the law does not raise an implied promise, on the part of the one making the request, to pay for the services so rendered. Meisenbach v. Cooperage Company, 45 Mo. App. 232; Jesserich v. Walruff, 51 Mo. App. 270; Ghio v. Schaper 'Bros. Mercantile Co., 180 Mo.

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Appeal from St. Louis City Circuit Court. — How. Rhodes E. Cave, Judge. (1) Where one person merely requests a physician to perform services for another, the law does not raise an implied promise, on the part of the one making the request, to pay for the services so rendered. Meisenbach v. Cooperage Company, 45 Mo. App. 232; Jesserich v. Walruff, 51 Mo. App. 270; Ghio v. Schaper 'Bros. Mercantile Co., 180 Mo. App. 686, 163 S. W. 553; Morrell v. Lawrence, 203 Mo. 363. (2) An employer is under no legal obligation to provide medical or surgical treatment for an employee who has been injured…

1Opinion of the CourtAllen, J.

This is an action by a physician and surgeon to recover for medical and surgical treatment rendered to an employee of defendant corporation who was injured while in defendant’s service. The cause originated before a justice of the peace, and in due course found its way to the. circuit court where, upon a trial before the court and a jury, there was a verdict and judgment for plaintiff, and the case is here upon defendant’s appeal.

On July 2, 1908, plaintiff, a practicing physician and surgeon in the city of St. Louis, was- called by telephone to defendant’s place of business on Second street,…

2Cases cited13 opinions

  1. Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
  2. Morrell v. LawrenceSupreme Court of Missouri · 1907
  3. Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
  4. Hyde v. HoniterMissouri Court of Appeals · 1913
  5. Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1905

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3Cited by2 opinions

  1. Mehlstaub v. MichaelMissouri Court of Appeals · 1926
  2. Cameron v. Electric Household Stores, Inc.Missouri Court of Appeals · 1935

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