Legal Opinion

Clark v. Waterman

Supreme Court of Vermont

Decided January 15, 1835PublishedCited by 5 opinions

This cause came here upon exceptions to the decision of auditors, who reported the facts to be as follows: That in 1815, or 1816, the defendant received into his family one Caroline Hubbard, then about eight years of age, to keep, educate and maintain, till she should arrive to the age of eighteen years; — that said Caroline served out her minority, and afterwards .continued to work in the defendant’s family nearly .all the time till her death, which happened soon after she…

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This cause came here upon exceptions to the decision of auditors, who reported the facts to be as follows: That in 1815, or 1816, the defendant received into his family one Caroline Hubbard, then about eight years of age, to keep, educate and maintain, till she should arrive to the age of eighteen years; — that said Caroline served out her minority, and afterwards .continued to work in the defendant’s family nearly .all the time till her death, which happened soon after she was twenty-three years of age; — that during the five years of her freedom, she worked some in other families, in which…

1Opinion of the Court

The opinion of the court was delivered by

Mattocks, J.

The question is, whether the facts found by the auditors will in law justify the conclusion they came to, that the defendant was liable to the plaintiffs for their services as physicians, in attending upon Caroline Hubbard, then resident at defendant’s house. If it was the intention of both parties that the defendant should pay the bill, then it would be a contract to that effect. The employment or request to attend upon the patient was made and often repeated by the defendant, in person. Complaints of the inefficient practice of one of the…

2Cited by5 opinions

  1. Weil v. CenterfitSupreme Court of Alabama · 1918
  2. Holmes v. McKimSupreme Court of Iowa · 1899
  3. Benton v. StadlerWisconsin Supreme Court · 1931
  4. Foster v. MeeksAppellate Terms of the Supreme Court of New York · 1896
  5. Starrett v. MileyAppellate Court of Illinois · 1899

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