Mobile & Montgomery Railway Co. v. Jay
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Tried before Hon. John K. Henby. The appellee, Dr. A. Jay, jr., brought this action against the appellant, the M. & M. Bailway Co., to recover compensation for medical services rendered to one Green Bichardson, an employee of the company, who had been injured while in its service.
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Appeal from Conecuh Circuit Court. Tried before Hon. John K. Henby. The appellee, Dr. A. Jay, jr., brought this action against the appellant, the M. & M. Bailway Co., to recover compensation for medical services rendered to one Green Bichardson, an employee of the company, who had been injured while in its service. The testimony showed that when said Bichardson was hurt, one O’Brien, the supervisor of a portion of the appellant’s railroad, was present, and that he requested the appellee to do all that was necessary for the injured man who was an old employee of the company, and it did not…
1Opinion of the CourtStone, J.
There is a class of cases in which a single act in recognition of agency, will bind the principal for contracts afterwards made by such supposed or assumed agent; as, “ when a father pays, without objection, an account contracted by his minor son while attending school at a distance from home, the payment is equivalent to a recognition of the son’s authority to bind him, and will render him liable on a similar account subsequently contracted.” — McKenzie v. Stevens, 19 Ala. 691. This rests on the principle that the act of the agent is thus distinctly ratified and admitted; and, there being no…
2Cases cited10 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1856
- Bank of Montgomery v. Plannett's Adm'rSupreme Court of Alabama · 1861
- Austill v. CrawfordSupreme Court of Alabama · 1845
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3Cited by4 opinions
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1893
- Haas & Bro. v. Hudmon Bros.Supreme Court of Alabama · 1887
- Buyck & Cain v. SchwingSupreme Court of Alabama · 1893