Smith v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. W olee, Judge. The plaintiff is a physician residing at Clinton, Iowa. In December, 1891, one Denton Olney was a fireman in the employ of the defendant company, and was injured by his knee striking á switch target.
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Appeal from Clinton District Court. — Hon. P. B. W olee, Judge. The plaintiff is a physician residing at Clinton, Iowa. In December, 1891, one Denton Olney was a fireman in the employ of the defendant company, and was injured by his knee striking á switch target. Dr. Hobart, who was the company’s district surgeon at Clinton, was called to see Olney, and treated him for a short time, when, because the family was dissatisfied, he was discharged, and one Dr. Finley was employed. The condition of the patient became serious, and a brother of his went to Chicago and saw the chief surgeon of the…
1Opinion of the CourtGranger, J.
1
*1502 *149I. We first notice the question arising, and argued, presented by the denial in the answer, which is a claim that the services were not rendered under an employment by the defendant company. The testimony as to the fact of an employment by Dr. Fair-child is in conflict, but there is a frank concession by counsel for appellant that its condition is such that this court cannot interfere with the finding, if Dr. Fairchild had authority to bind the company by his acts in that respect. It may be stated, as without dispute, that, prior to being summoned to Clinton to see Olney, Dr. Fairchild had…
2Cited by3 opinions
- Olmstead v. Oregon Short Line RailroadUtah Supreme Court · 1904
- Johnson v. RobertsSupreme Court of Alabama · 1925
- Carson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1917