Edson v. Hammond
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Bartlett Hammond, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of June, "1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the- same day denying the .defendant’s motion for a new trial made upon the minutes.
1Dissent
Laughlin, J. (dissenting):
I am unable to agree with ttie majority of the court with respect to the inferences to be drawn from the evidence herein, and to the • application of the adjudicated cases.
I am of opinion that the case falls within the rule, which I deem well sustained both on principle and by authority, that one who has met with an accident or becomes ill and through unconscious*701ness or otherwise is unable to act for himself, is liable on the theory of an implied contract for necessary medical aid and attendance, no matter by whom summoned, and when, as here, after regaining…
2Cases cited6 opinions
- Crane v. . BaudouineNew York Court of Appeals · 1873
- Cotnam v. WisdomSupreme Court of Arkansas · 1907
- Meyer v. Supreme Lodge, Knights of PythiasNew York Court of Appeals · 1904
- Dodd v. HammockSupreme Court of Georgia · 1877
- MacGuire v. HughesAppellate Division of the Supreme Court of the State of New York · 1908
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