Weinsberg v. St. Louis Cordage Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The general rule that where a person requests the performance of a service' and the request is complied with and the service is performed, the law raises an implied promise to pay the reasonable value of the services, does not obtain where one person requests a physician to perform services for a patient, unless the relation of the person making the request to the patient is such as raises a legal…
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The general rule that where a person requests the performance of a service' and the request is complied with and the service is performed, the law raises an implied promise to pay the reasonable value of the services, does not obtain where one person requests a physician to perform services for a patient, unless the relation of the person making the request to the patient is such as raises a legal obligation on his part to call in a physician and pay for the services. Meisenbach v. Cooperage Co., 45 M'o. App. 232;…
1Opinion of the CourtNortoni, J.
This is a suit by a physician and surgeon in which he seeks to recover compensation for surgical services rendered in performing an operation upon one of the defendant’s employees, at the instance and request of the president of defendant company. A jury being waived, the cause was tried before the court. Plaintiff recovered and the defendant appeals.
It appears the defendant is a corporation engaged in the manufacture of rope and twine. Its mills are located in the city of St. Louis. One Valuka received serious injuries, from which he afterwards died, while in the employ of the defendant in…
2Cases cited18 opinions
- Terre Haute & Indianapolis Railroad v. McMurrayIndiana Supreme Court · 1884
- Atlantic & Pacific Rld. v. ReisnerSupreme Court of Kansas · 1877
- Louisville, Evansville & St. Louis Railway Co. v. McVayIndiana Supreme Court · 1884
- The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
- Toledo, Wabash & Western Railway Co. v. RodriguesIllinois Supreme Court · 1868
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3Cited by12 opinions
- Neville v. D'OenchSupreme Court of Missouri · 1931
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Bennett v. AdamsMissouri Court of Appeals · 1962
- Ghio v. Schaper Bros.Missouri Court of Appeals · 1914
- Wagner v. Edison Electric Illuminating Co.Missouri Court of Appeals · 1909
7 more not listed; retrieve them via the Exa API.