McGarry v. J. A. Mercier Co.

Plaintiff is a physician and surgeon located at Fenton, Michigan. Defendant is a Michigan corporation which constructs highways. One of defendant’s employees, Fred Miller, was accidentally injured in the course of his employment. Plaintiff was engaged by defendant to give the injured employee professional care. He rendered such service from September 4,1931, to January 18, 1932. Defendant declined to pay plaintiff’s bill when presented. In a non-jury trial before the circuit judge plaintiff had judgment from which this appeal was taken.

Miller was injured while tearing down a manhole form used…