Vanhooser v. Berghoff
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hour. Joseph P. G-bubb, Judge. (1) Tlie contract as pleaded, is an entirety, and is an absolute contract to cure. The employment, as alleged, is “to reduce and set the bone; to attend, to cure, and heal the same that defendant undertook and entered upon said employment, and promised carefully and skillfully to perform the said services.
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Appeal from Buchanan Circuit Court. — Hour. Joseph P. G-bubb, Judge. (1) Tlie contract as pleaded, is an entirety, and is an absolute contract to cure. The employment, as alleged, is “to reduce and set the bone; to attend, to cure, and heal the same that defendant undertook and entered upon said employment, and promised carefully and skillfully to perform the said services. This contract plaintiff failed to prove, and the trial court erred in overruling defendant’s demurrer to evidence for plaintiff, and in refusing instructions number two, five, and nine, asked by defendant. See 1 Gfreenl.…
1Opinion of the Court
Rat, J. —
On Monday, the sixteenth day of October, 1881, plaintiff fell from a wagon loaded with barrels of .apples, one of which rolled on him, ‘ and dislocated his left hip. He was at the time several miles from home, and was carried to a neighbor’s house, and Dr. Davis called in‘to see him. Dr. Davis testified that he then “reduced,” or set the bone “by manipulation.” Whether this is so or not, on the Wednesday following, plaintiff was placed upon a bed and transferred by wagon over rough and frozen roads to his own house. Some time afterwards plaintiff called in Dr. Culver, a neighboring…
2Cases cited2 opinions
- Reynolds v. GravesWisconsin Supreme Court · 1854
- Hoopingarner v. LevyIndiana Supreme Court · 1881
3Cited by20 opinions
- Williams v. ChamberlainSupreme Court of Missouri · 1958
- Cazzell v. SchofieldSupreme Court of Missouri · 1928
- Pettigrew v. Lewis & WillardSupreme Court of Kansas · 1891
- Schumacher v. Murray HospitalMontana Supreme Court · 1920
- Grainger v. StillSupreme Court of Missouri · 1905
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