Elliot Hospital v. Turcotte
Supreme Court of New Hampshire
Assumpsit, for hospital board and treatment. The defendant was injured July 17, 1916, while in the employ of Fellows & Son, of whom he subsequently recovered damages for the injury. At the time of his injury Turcotte was taken to a physician'by Fellows & Son, from whose office the physician by telephone obtained permission from them to remove him to the hospital. Turcotte understood the hospital was to be paid by Fellows & Son.
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Assumpsit, for hospital board and treatment. The defendant was injured July 17, 1916, while in the employ of Fellows & Son, of whom he subsequently recovered damages for the injury. At the time of his injury Turcotte was taken to a physician'by Fellows & Son, from whose office the physician by telephone obtained permission from them to remove him to the hospital. Turcotte understood the hospital was to be paid by Fellows & Son. The plaintiffs did not know Turcotte was brought to the hospital by consent of Fellows & Son and opened a ledger account against him. When Turcotte left the hospital…
1Opinion of the CourtParsons, C. J.
The order of judgment for the plaintiffs cannot be sustained except upon the assumption that there was a verdict for them based upon a determination in their fayor of a decisive issue presented by the evidentiary facts reported. In the absence of such verdict, the exception must be sustained.
Benefit received by the defendant from the plaintiffs’ treatment if in fact the treatment was beneficial, a fact not found, does not establish the legal duty of payment. Concord Coal Co. v. Ferrin, 71 N. H. 33.
The action is assumpsit to recover damages for the breach of the defendant’s promise to pay. To…
2Cases cited3 opinions
- Conway National Bank v. PeaseSupreme Court of New Hampshire · 1912
- Concord Coal Co. v. FerrinSupreme Court of New Hampshire · 1901
- Bickford v. DaneSupreme Court of New Hampshire · 1877
3Cited by5 opinions
- McConnell v. LamontagneSupreme Court of New Hampshire · 1926
- Carter v. ProvoSupreme Court of New Hampshire · 1935
- Decatur v. CooperSupreme Court of New Hampshire · 1931
- Dufton v. Mechanicks National BankSupreme Court of New Hampshire · 1948
- Capone v. DeGrootMassachusetts District Court, Appellate Division · 1955