Legal Opinion

Gearhart v. Hyde

South Dakota Supreme Court

Decided August 7, 1917No. File No. 4146PublishedCited by 21 opinions

Appeal from 'Circuit Go-urt, Hughes County. Hon. John F. Hughes, Judge. Action by Mapolean B. Gearhart, against Charles L. Hyde, to recover for medical services performed. From a judgment for plaintiff, and- from -an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited; Rogers v. Yarnell, 51 Ark. 198; Heald v. Hendy, 89 Cal. 632; Harvey v. Hamilton, 155 111. 377.' (2) To point two of the opinion, Appellant cited: Civ.

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Appeal from 'Circuit Go-urt, Hughes County. Hon. John F. Hughes, Judge. Action by Mapolean B. Gearhart, against Charles L. Hyde, to recover for medical services performed. From a judgment for plaintiff, and- from -an order denying a new trial, defendant appeals. (1) To point one of the opinion, Appellant cited; Rogers v. Yarnell, 51 Ark. 198; Heald v. Hendy, 89 Cal. 632; Harvey v. Hamilton, 155 111. 377.' (2) To point two of the opinion, Appellant cited: Civ. Code, Secs. 1417, 2289; 'Shipman v. State, 44 Wis. 458; March v. Fraser, 37 Wis. 149. Respondent cited: Corcoran v. Halloran, 20 S; D.…

1Opinion of the CourtMcCOY, J.

This action was brought to recover upon an account the value of certain services performed by plaintiff as a physician and surgeon in treating and earing for a minor son of defendant, who had received an injury by coming in contact with an electric light wire. Plaintiff alleged that such services were performed upon the express request of defendant and were reasonably worth $9,400. Defendant admitted that the services were performed upon his request, and alleged that the same were worth not to exceed1 $350. The jury returned a verdict in favor of plaintiff for the sum of $3,091.40, including…

2Cases cited3 opinions

  1. Laycock v. ParkerWisconsin Supreme Court · 1899
  2. Swinnerton v. Argonaut Land & Development Co.California Supreme Court · 1896
  3. Baker v. Central Vermont R. R.Supreme Court of Vermont · 1883

3Cited by21 opinions

  1. Beka v. Lithium Corporation of AmericaSouth Dakota Supreme Court · 1958
  2. Johnson v. Skelly Oil Co.South Dakota Supreme Court · 1984
  3. Peter Kiewit Sons' Co. v. Summit Construction Co.Court of Appeals for the Eighth Circuit · 1969
  4. South Dakota Building Authority v. Geiger-Berger Associates, P.C.South Dakota Supreme Court · 1987
  5. Dougherty v. BeckmanSouth Dakota Supreme Court · 1984

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