Sherlag v. Kelley
Massachusetts Supreme Judicial Court
Contract with a declaration as follows: “ And the plaintiff says that on or about April 4, 1903, the defendant was and still is a physician practicing his profession in Fall River in said county; that on or about said date the defendant held himself out as possessing the knowledge, skill and ability usual among physicians, and that believing the defendant to have such knowledge, skill and ability, he, the plaintiff, employed and paid him to attend his, the plaintiff’s, wife…
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Contract with a declaration as follows: “ And the plaintiff says that on or about April 4, 1903, the defendant was and still is a physician practicing his profession in Fall River in said county; that on or about said date the defendant held himself out as possessing the knowledge, skill and ability usual among physicians, and that believing the defendant to have such knowledge, skill and ability, he, the plaintiff, employed and paid him to attend his, the plaintiff’s, wife in child-birth, and to give her the proper and necessary medical care, attention and services incident thereto, which…
1Opinion of the CourtKnowlton, C. J.
The question intended to be raised by the defendant’s demurrer to the declaration, and the question principally discussed at the argument is whether, under an action of contract brought upon the implied agreement of a physician with a husband to render necessary and proper medical care and service to his wife in her illness, a recovery can be had for the husband’s loss of her society, care and comfort, resulting from her death caused by the defendant’s failure to perform his contract.
For many years it has been held in this Commonwealth that, without a statutory provision, no recovery can be…
2Cases cited17 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Nolin v. PearsonMassachusetts Supreme Judicial Court · 1906
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Hoffman v. DickinsonWest Virginia Supreme Court · 1888
- Mitchell v. ClarkeCalifornia Supreme Court · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gaudette v. WebbMassachusetts Supreme Judicial Court · 1972
- Bosque v. Wells Fargo Bank, N.A.District Court, D. Massachusetts · 2011
- Zostautas v. St. Anthony De Padua HospitalIllinois Supreme Court · 1961
- Pearl v. Wm. Filene's Sons Co.Massachusetts Supreme Judicial Court · 1945
- Necktas v. GENERAL MOTORS CORP. PONTIAC DIVISIONMassachusetts Supreme Judicial Court · 1970
9 more not listed; retrieve them via the Exa API.