Hasler v. Ozark Land & Lumber Co.

• Decision Date: 12 May 1903
• Citation: 74 S.W. 465,101 Mo. App. 136
• Parties: HASLER v. OZARK LAND & LUMBER CO.<SMALL><SUP>*</SUP></SMALL>
• Court: Missouri Court of Appeals

74 S.W. 465

101 Mo. App. 136

HASLER v. OZARK LAND & LUMBER CO.^*

Court of Appeals at St. Louis, Missouri.

May 12, 1903.

PHYSICIANS AND SURGEONS—ACTION FOR SERVICES—SERVICES RENDERED EMPLOYEÉS —LIABILITY OF MASTER—CORPORATIONS— VICE PRESIDENT—AUTHORITY—ACTIONS— PLEADING—INSTRUCTIONS.

1. Where a complaint was filed for physician's services, alleged to have been performed at defendant's request, and an amended statement was thereafter filed, which averred that defendant had created a hospital fund by contributions from its employés, including the patients which plaintiff had been employed to treat, for the purpose of employing and paying a physician for medical treatment and attendance for such employés, such amended statement constituted a mere repetition of the primary cause of action, and was not, therefore, objectionable as a departure.

2. Where plaintiff had declined to render medical attention to defendant's employés until defendant's vice president and general manager had directed him to do so and agreed to pay therefor, and it appeared that plaintiff had received $40 from defendant's funds, which he claimed was in part payment for his services, but which defendant claimed was a personal loan, defendant was not entitled to have a verdict directed on the ground that defendant was under no legal obligation to call a physician to render services for such employés.

3. Where, in an action for physician's services, it appeared that plaintiff had received from defendant $40, it was not error to charge that, before a verdict could be rendered for plaintiff, the jury must find that the services rendered were in excess of that amount.

4. In an action against a business corporation for physician's services rendered to its employés, an instruction that the jury might presume that its vice president and general manager had authority to contract on its behalf with plaintiff for such services was proper.

Appeal from Circuit Court, Shannon County; W. N. Evans, Judge.

Action by C. R. Hasler against the Ozark Land & Lumber Company. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Dorris & Orchard, for appellant. Miley & Withers, for respondent.

REYBURN, J.

This action was begun before a justice of the peace in Shannon county to recover a balance of $135 for professional services rendered in medical attendance upon and treatment of Jacob and Robert Hensperker, employés of defendant, during their affliction with smallpox. The complaint filed with the magistrate alleged that the services were performed at the request and upon the sole credit of defendant, and that it had promised to pay plaintiff therefor. After appeal to the circuit court, an amended statement of the cause of action was filed, comprehending, in addition to the first complaint, a count based on the same cause of action, but containing averments that defendant had created a hospital...