Legal Opinion

Sayles v. Fitzgerald

Supreme Court of Connecticut

Decided November 28, 1899PublishedCited by 6 opinions

Action to recover for professional services rendered by a physician, brought to the City Court of New Haven and tried to the jury before JDoic, J.; verdict and judgment for the plaintiff for $225, and appeal by the defendant for alleged errors in the rulings of the court.

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Action to recover for professional services rendered by a physician, brought to the City Court of New Haven and tried to the jury before JDoic, J.; verdict and judgment for the plaintiff for $225, and appeal by the defendant for alleged errors in the rulings of the court. The bill of particulars contained the items and dates of the professional services rendered by the plaintiff to John Reilly, defendant’s testator, between February 8th and May 16th, 1897, amounting to $391. One item under date of May 2d was for an operation “ with Dr. Lamb assisting,” for which the charge was $50. To…

1Opinion of the CourtHall, J.

Under Rule III, § 1, of Rules Under the Practice Act, the plaintiff in an action to recover for goods sold by his salesmen, or labor performed by his workmen, in the ordinary manner of such business, would not be required to state in his complaint that he had acted by such agents. But physicians do not send agents to perform professional services of the kind described in the complaint, and in an action for such services, which have been rendered by another physician provided by the plaintiff, that fact should be stated in the complaint, in order to fairly apprise the defendant of what is…

2Cases cited2 opinions

  1. Greenthal v. Lincoln, Seyms & Co.Supreme Court of Connecticut · 1896
  2. Newtown Savings Bank v. LawrenceSupreme Court of Connecticut · 1899

3Cited by6 opinions

  1. Garland v. GainesSupreme Court of Connecticut · 1901
  2. Banks v. WatrousSupreme Court of Connecticut · 1948
  3. Lyon v. WilcoxSupreme Court of Connecticut · 1923
  4. Clark v. WoosterSupreme Court of Connecticut · 1906
  5. Banks v. MoshierSupreme Court of Connecticut · 1900

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