Norton v. Rourke
Supreme Court of Georgia
Complaint. Before Judge Cann. Chatham superior court. July 2, 1907. W. E. Norton brought an action'against John Bourke & Son, a partnership composed of John Bourke and James A. Bourke, and against James A. Bourke individually, to recover $150 for medical and surgical services, claimed to have been rendered by the plaintiff for John Bafferty, an employee of the defendants.
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Complaint. Before Judge Cann. Chatham superior court. July 2, 1907. W. E. Norton brought an action'against John Bourke & Son, a partnership composed of John Bourke and James A. Bourke, and against James A. Bourke individually, to recover $150 for medical and surgical services, claimed to have been rendered by the plaintiff for John Bafferty, an employee of the defendants. The petition alleged, that the services were rendered “at the special instance and request of said defendants, as a firm, and of the said James A. Bourke, individually, for which services the said defendants, and the said…
1Opinion of the CourtEish, C. J.
(After stating the facts.) When one summons a ;physician to care for another, rendered by sudden illness unable to act for himself, and to whom he stands in no relationship which -creates an obligation to furnish necessary medical care, and no express undertaking is entered into, then, from the mere summoning -of the physician and requesting him to care for the person who is ill, the law does not presume an implied promise by the one so acting to pay for the services of the physician summoned. Meisenbach v. Southern Cooperage Co., 45 Mo. App. 232 ; Jesserich v. Walruff, 51 Mo. App. 270 ;…
2Cases cited7 opinions
- Crane v. . BaudouineNew York Court of Appeals · 1873
- Meisenbach v. Southern Cooperage Co.Missouri Court of Appeals · 1891
- Smith v. WatsonSupreme Court of Vermont · 1842
- Sweet Water Manufacturing Co. v. GloverSupreme Court of Georgia · 1859
- Jesserich v. WalruffMissouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Becker v. HumphriesCourt of Appeals of Georgia · 1925
- Guy v. RileyCourt of Appeals of Georgia · 1935
- Pafford v. Hinson & Co.Court of Appeals of Georgia · 1925
- Collins v. Sam R. Greenberg CompanyCourt of Appeals of Georgia · 1945
- Becker v. RudulphCourt of Appeals of Georgia · 1923
1 more not listed; retrieve them via the Exa API.