Hall v. Allen

• Decision Date: 04 October 1909
• Citation: 104 P. 489,46 Colo. 355
• Parties: HALL v. ALLEN.
• Court: Colorado Supreme Court

104 P. 489

46 Colo. 355

HALL v. ALLEN.

Supreme Court of Colorado

October 4, 1909

Appeal from District Court, San Miguel County; Theron Stevens Judge.

Action by J. Q. Allen against Rose M. Hall. From a judgment for plaintiff, defendant appeals. Affirmed.

Fitzgarrald & Brown, for appellant.

Howe &amp Adams, for appellee.

HILL J.

Only two questions are necessary to be determined in the disposition of this action. The appellee, a licensed physician in the city of Telluride, brought this suit against the appellant to recover the sum of $1,304.50 for medical and surgical services rendered to Luther Douglas for which he alleges the appellant requested, contracted, and agreed to pay. Judgment was for the appellee in the sum of $757.50, from which the appellant appeals.

Douglas, a brother of the appellant, was seriously injured, and was first taken to a hospital at Telluride, which soon thereafter closed. He was then taken to a hospital operated by the appellee and one C. D. Waggoner, under the firm name of J. Q. Allen & Co., and was there taken care of, where the greater part of the medical and surgical services were rendered to him by the appellee, for which judgment was secured. After he had been there a short time the appellee received a letter from the appellant which reads as follows: 'May 13, 1903. Dear Doctor, Your prompt answer to my letter of inquiry was certainly appreciated by my sister and myself. It is the first intimation we have had that Luther was in a serious condition. It has made us feel so badly. The poor boy has suffered almost beyond expression. However, I am in hopes he is better now and you can give us more encouragement. Doctor, may I ask a favor of you, namely, that you let me know every day or two just how he is doing, and even a postal card will be appreciated. And we will gladly pay all expense. I will be here for awhile yet so you drop me a line as soon as you conveniently can do so. And wire me any time should it become necessary. As we want Mother know if you would advise us, yet we do not want to be hasty. You understand how we feel. She has ugly heart trouble. All of his expenses will be paid later on and we want him to have anything to make him more comfortable, etc. Dr. Hall has been jumping here there and everywhere in the interest of ambulance. He is hard to keep up with him. A letter to Slater Mo. will be the best place for you to write him or here to me, either one will be O. K. hoping to hear from you soon. Thanking you again, Hastily, Rose M. Hall.' Up to this time the appellee had no arrangement with the appellant to look after her brother, but upon receipt of this letter the books were changed, and the charges for the past services, as well as those thereafter rendered, were charged to the appellant.

The jury, by instructions, were prohibited from awarding to the appellee any amount for the services rendered prior to receipt of this letter, or any portion of the hospital charges incurred at any time. This leaves for our determination the question, was this letter sufficient to justify the appellee in assuming the appellant requested such services and assumed their payment? And, if so, was such undertaking primary or collateral only, and did it justify him in making this charge against the appellant for his professional services in the attendance of her brother from that date on? In other words, when taken into consideration with the surrounding circumstances, did it justify the jury in finding that the appellant, by this letter, authorized such services so as to make the payment thereof an original promise upon her part? From an examination of the entire letter, the relation of the parties, and the surrounding circumstances and conditions under which it was written, we are of the opinion that it did, and was so understood by both parties at the time, and that the words: 'And we will gladly pay all expense. * * *' 'All of his expenses will be paid later on and we want him to have anything to make him more comfortable,' etc.--when taken into consideration with the facts that Douglas was seriously injured, was a brother of the writer, a young man 25 years of age, without means, and away from his people would mean, and be construed to be, a request to the doctor to continue to render such services required, and make a reasonable charge therefor direct against the appellant. The amount of the charge does...