Ross v. Austin Drilling Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action on a contract to recover for medical services. The trial court sustained a demurrer to plaintiffs’ evidence, and they have appealed.

The record discloses that Earl Armstrong was an employee of the defendant, the Austin Drilling Company, and both were operat*825ing under the workmen’s compensation act. While so engaged he sustained severe personal injury which, from the record, we assume was compensable under the act. He was taken to a hospital, and the plaintiff, Doctor Ross, was called to treat him. Mr. Austin was there and…