Rogers v. Turner
Supreme Court of Missouri
Appeal from Carroll Circuit Court. I. If the medical services rendered were necessary to preserve life or health of respondent’s son, his liability is fixed. (St. Ferdinand Loretta Academy vs. Bobb, 52 Mo., 358, and cases cited ; Paul v. Hummel, 43 Mo., 122.) 'No actual knowledge or express authority is necessary in order to charge the defendant, he being under a natural and legal obligation to maintain and support his minor son.
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Appeal from Carroll Circuit Court. I. If the medical services rendered were necessary to preserve life or health of respondent’s son, his liability is fixed. (St. Ferdinand Loretta Academy vs. Bobb, 52 Mo., 358, and cases cited ; Paul v. Hummel, 43 Mo., 122.) 'No actual knowledge or express authority is necessary in order to charge the defendant, he being under a natural and legal obligation to maintain and support his minor son. The law, from motives of humanity and protection, to the infant, raises an implied promise on the part of the parent, to pay for necessaries so furnished. (14…
1Opinion of the CourtNapton, Judge
This action was by a physician to recover a bill of $25 against defendant, for medical services to his son, in treating, and curing the son of a disreputable disease.
The evidence clearly showed that the son was a minor living with the father, and consulted and employed the plaintiff without the knowledge of the father, who had a family physician. Neither tits son or the plaintiff advised the father of the fact until eighteen months after the services were rendered.
The court gave all the instructions asked by the plaintiff; but rendered a verdict and judgment against him, and we think the…
2Cited by2 opinions
- Huke v. HukeMissouri Court of Appeals · 1891
- Judge v. BarrowsWisconsin Supreme Court · 1883