Wells v. Pacific Railroad
Supreme Court of Missouri
Error to Cole Circuit Court. The petition is defective ; and the judgment should therefore have been arrested. It alleges that “plaintiffs were called on as physicians, by the agent of said company, to attend to the said employees so injured; that at the instance and request of the agent of defendant, plaintiffs rendered their services as physicians to said persons,” &c. ' This averment shows no cause of action against defendant; if true, no liability arises from it.
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Error to Cole Circuit Court. The petition is defective ; and the judgment should therefore have been arrested. It alleges that “plaintiffs were called on as physicians, by the agent of said company, to attend to the said employees so injured; that at the instance and request of the agent of defendant, plaintiffs rendered their services as physicians to said persons,” &c. ' This averment shows no cause of action against defendant; if true, no liability arises from it. The agents of the company have no authority, as such, to bind the company by any contracts they may enter into with physicians…
1Opinion of the CourtBates, Judge
The petition in the case states that one William Miller, and two other persons who were then employed as agents and servants of defendant, were injured by a collision on the road of defendant, and plaintiffs were called upon as physicians by the agent of said company to attend to the said employees so injured; that, at the instance and request of the agent of defendant, plaintiffs rendered their services as phy-. sicians to said persons injured, and for which plaintiffs say that defendant owes them.
There was judgment for plaintiffs. The judgment must be reversed. The petition is defective in…
2Cited by4 opinions
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- Maupin v. Virginia Lead Mining Co.Supreme Court of Missouri · 1883
- Hartz v. PageMissouri Court of Appeals · 1929
- State Ex Rel. Electric Household Stores, Inc. v. HostetterSupreme Court of Missouri · 1935