Buxton v. Bishop, Record No. 3034.

• Decision Date: 22 April 1946
• Docket Number: Record No. 3034.
• Citation: 185 Va. 1
• Court: Virginia Supreme Court
• Parties: DR. RUSSELL BUXTON, DEVISEE, ETC. v. CHARLES R. BISHOP.

Page 1

185 Va. 1

DR. RUSSELL BUXTON, DEVISEE, ETC. v. CHARLES R. BISHOP.

Record No. 3034.

Supreme Court of Virginia, Richmond.

April 22, 1946.

Present, All the Justices.

1. CONTRACTS — Sufficiency of Evidence — Express or Implied Contract for Hospital Services Rendered Infant Son — Case at Bar. — In the instant case, an action by the operator of a hospital against defendant to recover for hospital services rendered defendant's twenty-year-old son during his last illness, the only evidence to support a contract, either express or implied, was the testimony of the office manager and bookkeeper of the hospital who testified that on the last day defendant was at the hospital, the day on which his son died, she stated to defendant that she would send him a bill, and he replied, "to do so." When the bill was sent it was made out to the deceased son and not to defendant, and there was no statement on the bill that plaintiff sought to hold defendant liable for the account.

Held: That the evidence did not show that defendant agreed to pay the bill, and the evidence tending to support any contract obligation either express or implied on the part of defendant to pay the account was so slight that it amounted to no proof at all.

2. PARENT AND CHILD — Liability of Parent for Hospital Bill — Emancipation — Case at Bar. — The instant case was an action by the operator of a hospital against defendant to recover for hospital services rendered defendant's twenty-year-old son. Plaintiff contended that defendant was liable because of the relationship of parent and child and the obligation flowing therefrom of the parent to supply his child with necessities. The evidence disclosed that the son had been supporting himself for about three years. He worked away from home, drew his own wages, and spent them as he alone desired. He had actually made a payment to the hospital from his own hospital insurance funds, which was credited to the account.

Held: That there was no merit in the contention of plaintiff, since the son was an emancipated youth, earning his own wages and providing for himself the necessities of life, including hospital services.

3. PARENT AND CHILD — Emancipation. — The emancipation of a child may be by express agreement or may be shown by the circumstances of the case. Thus if, with his parents' express or implied consent, a minor makes a contract for his services under which he is personally to receive the benefits of the contract, he is thereby emancipated.

Error to a judgment of the Circuit Court of Chesterfield county. Hon. J. G. Jefferson, Jr., judge presiding.

The opinion states the case.

John P. McGuire, Jr., and McGuire, Riely, Eggleston & Bocock, for the plaintiff in error.

William Old, for the defendant in error.

GREGORY, J., delivered the opinion of the court.

Dr. Russell Buxton, devisee under the will of Joseph T. Buxton, operating the Elizabeth Buxton Hospital, instituted an action at law against Charles R. Bishop for hospital services rendered Charles R. Bishop, Jr., during his last illness. All matters of law and fact, by agreement of the parties, were submitted to the trial court without the intervention of a jury, and it found in favor of the defendant and dismissed the plaintiff's action.

Only two witnesses testified at the trial, one for the plaintiff, and the other the defendant himself. There is little or no conflict in the testimony. Mrs. R. L. Smith, a witness for the plaintiff, testified that she was the bookkeeper and office manager of the Elizabeth Buxton Hospital at Newport News, Virginia; that Charles Robert Bishop, Jr., the son of the defendant, was admitted to the hospital on August 5, 1942, suffering from an attack of acute appendicitis, was operated on that night, and remained in the hospital until his death on September 20, 1942. She introduced the hospital records pertaining to this patient and a copy of the first bill sent by the hospital to the defendant for the services rendered his son. She further testified that on the last day the defendant was at the hospital she waited for him in the hall and spoke to him about the bill; that she told him the practice of the hospital was to ask for payment or that some arrangement for payment of all bills be made when the patient was discharged or died; that she did not wish to bother the defendant about the financial matters at that time; that she asked him for his address and told him that she would send him the bill; that he gave her his address and said, "all right, do so", or "all right, send me the bill"; that she does not remember the defendant's exact words and does not remember that he actually promised to pay the bill in so many words, but she made it clear to him that she was expecting him to pay the bill, and that he did not disclaim responsibility for the bill at that time. She further testified that a number of bills were subsequently sent to the defendant but he made no response.

The defendant testified in his own behalf that Charles R. Bishop, Jr., was his son, and that he was born on March 24, 1922. He further testified that Charles R. Bishop, Jr., had been working since he was seventeen years old; that for two years he worked for the DuPont Company at Ampthill on the Richmond-Petersburg turnpike, living at home during that time; that he then received his own wages; that he did not pay any regular board but from time to time gave his mother money; that he had been living away from home working for a contractor at Oyster Point and at Yorktown for about a year before his death; that he came home about once a week; that he kept his own earnings, and the...