Holmes v. McAllister
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by Arthur D. Holmes against David J. McAllister and James A. McAllister, copartners as the Siau Laundering Company, for medical services rendered to an employé of defendants. From a judgment for plaintiff, defendants bring error.
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Error to Wayne; Frazer, J. Assumpsit by Arthur D. Holmes against David J. McAllister and James A. McAllister, copartners as the Siau Laundering Company, for medical services rendered to an employé of defendants. From a judgment for plaintiff, defendants bring error. Plaintiff, a physician, sued the defendants, copartners in a laundry business, for medical services rendered one of their employés, and recovered a verdict of $50. The case was submitted to the jury upon two theories: 1. That there was an original contract of employment between plaintiff and defendants. 2. That the act of the…
1Opinion of the CourtGrant, J.
(after stating the facts). Had defendants’ forewoman authority to bind them by sending for plaintiff to attend the injured employé ? She had no general authority to do so. If she was clothed with any authority to do so, it must be because an emergency arose in which it was the defendants’ duty to have some one to act for them. There are authorities which hold parties liable in certain emergencies for the acts of their managers or foremen in employing physicians. These authorities, however, go no further than to hold the parties liable for the *497immediate services made necessary by a present…
2Cases cited5 opinions
- Terre Haute & Indianapolis Railroad v. McMurrayIndiana Supreme Court · 1884
- Louisville, New Albany & Chicago Railway Co. v. SmithIndiana Supreme Court · 1889
- St. Louis, Arkansas & Texas Railway Co. v. HooverSupreme Court of Arkansas · 1890
- Chaplin v. FreelandIndiana Court of Appeals · 1893
- Arkansas Southern Railroad v. LoughridgeSupreme Court of Arkansas · 1898
3Cited by12 opinions
- Szabo v. Pennsylvania Railroad Co.Supreme Court of New Jersey · 1945
- Cushman v. Cloverland Coal & Mining Co.Indiana Supreme Court · 1908
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Troutman's Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1918
- Salter v. Nebraska Telephone Co.Nebraska Supreme Court · 1907
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