Starrett v. Miley
Appellate Court of Illinois
Assumpsit, for physician’s services. Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge', presiding. Finding and judgment for plaintiff. Appeal by defendant. A woman, who was, so far as the evidence discloses, a stranger to appellant, ran into the home of appellant,, wounded and bleeding, and fell there unconscious. Appellant at once sent for a physician, and in response appellee, who is a physician, came.
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Assumpsit, for physician’s services. Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge', presiding. Finding and judgment for plaintiff. Appeal by defendant. A woman, who was, so far as the evidence discloses, a stranger to appellant, ran into the home of appellant,, wounded and bleeding, and fell there unconscious. Appellant at once sent for a physician, and in response appellee, who is a physician, came. When he arrived appellant directed him to the injured woman, told him to care for her, and had her carried to a room in the house. Bo express promise was made by…
1Opinion of the CourtJustice Sears
Upon this appeal no other question is raised except as to the obligation in law of appellant upon the facts shown. The question presented is whether a bystander, who summons a physician to care for one who is made unconscious by sudden accident or injury, is by such act alone made liable to pay for the services of the physician rendered in response to such summons.
In England under the common law, physicians, like barristers, could not recover for their services upon an implied assumpsit. Chorley v. Balcott, 4 T. R. 317; Lipscombe v. Holmes, 4 Camp. 441; Pouchan v. Norman, 3 Barn. & C. 745.
This…
2Cases cited5 opinions
- Cairo & St. Louis Railroad v. MahoneyIllinois Supreme Court · 1876
- Meisenbach v. Southern Cooperage Co.Missouri Court of Appeals · 1891
- Clark v. WatermanSupreme Court of Vermont · 1835
- Chicago & Alton Railroad v. SmithAppellate Court of Illinois · 1886
- Thomas v. LeavyAppellate Court of Illinois · 1896
3Cited by1 opinion
- Norton v. RourkeSupreme Court of Georgia · 1908