Potter v. Virgil
New York Supreme Court
APPEAL frpm an order denying a motion for a new trial, The action was brought to recover for medical services and attendance. It was tried at the Onondaga circuit, in October, 1874, before Justice Hardin and a jury, when a verdict was directed in favor of the plaintiff, for $70.20. A motion was made, upon the minutes, for a new trial, which was denied.
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APPEAL frpm an order denying a motion for a new trial, The action was brought to recover for medical services and attendance. It was tried at the Onondaga circuit, in October, 1874, before Justice Hardin and a jury, when a verdict was directed in favor of the plaintiff, for $70.20. A motion was made, upon the minutes, for a new trial, which was denied. The plaintiff was a physician, and attended the defendant’s wife during a sickness, at his house, for which service he was fully paid. The wife was taken from the defendant’s house secretly, and without the knowledge of the defendant, by her…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The direction at the circuit to the jury to find a verdict for the plaintiff for the amount of his bill for services was based upon the single ground that the plaintiff, having been confessedly employed as a physician to attend upon the defendant’s wife, was entitled to recover for his attendance upon her during her entire sickness ; and that the relation of physician and patient, arising upon his original employment, continued till her decease.
No question was made, at the trial, that the services of the plaintiff, commencing in January, 1873, and continued by…
2Cases cited2 opinions
- Blowers v. SturtevantNew York Supreme Court · 1847
- Board of Supervisors v. BudlongNew York Supreme Court · 1868
3Cited by2 opinions
- Gerken v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Judicial Settlement of the Estate of SmithNew York Surrogate's Court · 1896