Evans v. Marion Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Son. Hugh Dabbs, Judge. (1) The employment of a physician or surgeon not being within the scope of the duties of either Allen, the president of the appellant corporation, or Bagsby, the mine foreman, they could not bind the appellant by calling in a physician and surgeon to treat employees of appellant.
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Appeal from Jasper Circuit Court. — Son. Hugh Dabbs, Judge. (1) The employment of a physician or surgeon not being within the scope of the duties of either Allen, the president of the appellant corporation, or Bagsby, the mine foreman, they could not bind the appellant by calling in a physician and surgeon to treat employees of appellant. Brown v. Railroad, 67 Mo. 122; May-berry v. Railroad, 75 Mo. 492; Tucker v. Railroad, 54 Mo. 177; Spellman v. Miffing Co., 55 L. R. A. 640. (2) “The general rule is that where a person requests the performance of a service, and the request is complied with…
1Opinion of the CourtEllison, J.
Oscar Abbott, John Lackey and George Williams were employees of defendant, a mining corporation. While engaged in the line of their duty and employment they were injured through the negligence (as plaintiff charges) of defendant. As to Abbott, at least, the president and general manager of the defendant company requested the plaintiff, who is a physician, to attend him in his professional capacity. This the plaintiff did and defendant refusing to pay the bill rendered, he brought the present action. The petition is in three counts, one for services to each employee. Whether there was evidence…
2Cases cited10 opinions
- Atlantic & Pacific Rld. v. ReisnerSupreme Court of Kansas · 1877
- Toledo, Wabash & Western Railway Co. v. RodriguesIllinois Supreme Court · 1868
- Cairo & St. Louis Railroad v. MahoneyIllinois Supreme Court · 1876
- Brown v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1877
- Tucker v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
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3Cited by7 opinions
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Ghio v. Schaper Bros.Missouri Court of Appeals · 1914
- Weinsberg v. St. Louis Cordage Co.Missouri Court of Appeals · 1909
- Freeman v. Junge Baking Co.Missouri Court of Appeals · 1907
- Newberry v. Missouri Granite & Construction Co.Missouri Court of Appeals · 1914
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