Hinkelman v. Wheeling Steel Corp., (CC 481)

CourtSupreme Court of West Virginia
Writing for the CourtWOODS.
Citation114 W.Va. 269
PartiesJohn Hinkelman v. Wheeling Steel Corporation andDr. John W. Neidermeyer
Docket Number(CC 481)
Decision Date31 October 1933

114 W.Va. 269

John Hinkelman
v.
Wheeling Steel Corporation and
Dr. John W. Neidermeyer

(CC 481)

Supreme Court of Appeals of West Virginia.

Submitted October 18, 1933.
Decided October 31, 1933.


[114 W.Va. 269]

Master and Servant

If a doctor, who is employed by a subscriber to the Workmen's Compensation Fund to render medical and surgical aid and treatment to its employees, is so unskilful and negligent in his treatment of an employee, injured: in the course of and resulting from his employment, that the injury is aggravated thereby, such action on the part of the doctor comes within the Compensation Act. Therefore, under such a state of facts, an action is not maintainable against the doctor.

Certified from Circuit Court, Marshall County.

Action by John Hinkleman against;he Wheeling Steel Corporation and another. The circuit court overruled a demurrer to the declaration, and certified its rulings for review.

Reversed and demurrer sustained.

Martin Brown, for plaintiff.

Erskine, Palmer & Curl, for defendants.

Woods, Judge:

The purpose of this certificate is to determine the correctness of the trial court's action in overruling a demurrer to a declaration, under which an employee of the Wheeling Steel Corporation, a subscriber to the Workmen's Compensation Fund, seeks to hold a doctor, employed by said corporation, in damages for an aggravated condition of his hand, alleged to have been due to the unskilful and negligent treatment rendered by said doctor.

The first count alleges, among other things, that the doctor was employed by the steel corporation to render medical and surgical aid; that plaintiff, an employee injured his hand in the course of and resulting from said employment; that he was required to present himself to said doctor for treat-

[114 W.Va. 270]

ment; that the doctor became bound to carefully and skilfully render medical and surgical aid and to give plaintiff proper treatment, care and attention; that he failed to render the aid and treatment which the injury required, and so unskilfully and negligently conducted himself that through want of skill the injury was increased and aggravated. The second is in substance the same, except that it alleges that the company agreed as part of plaintiff's employment that he...

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14 practice notes
  • Makarenko v. Scott, No. 10013.
    • United States
    • Supreme Court of West Virginia
    • March 8, 1949
    ...before this Court. In the Tawney case, however, this Court considered and overruled the case of Hinkelman v. Wheeling Steel Corporation, 114 W.Va. 269, 171 S.E. 538, and that action is relied on by the plaintiff in support of his contention that liability of the defendants exists in this ca......
  • Deller v. Naymick, No. CC950
    • United States
    • Supreme Court of West Virginia
    • November 21, 1985
    ...Act. Therefore, under such a state of facts, an action is not maintainable against the doctor." Hinkelman v. Wheeling Steel Corp., 114 W.Va. 269, 171 S.E. 538 3. The so-called "dual capacity" or "dual persona " doctrine does not except a full-time, salaried doctor employed by a subscriber t......
  • Marquez v. Rapid Harvest Co., CA-CIV
    • United States
    • Court of Appeals of Arizona
    • September 22, 1965
    ...96, 38 S.E.2d 73 (1946); Washington, Peet v. Mills, 76 Wash. 437, 136 P. 685 (1913); West Virginia, Hinkelman v. Wheeling Steel Corp., 114 W.Va. 269, 171 S.E. 538 (1933), overruled in Tawney v. Kirkhart, 130 W.Va. 550, 44 S.E.2d 634 (1947), but the rule of Hinkelman restored by Laws of 1949......
  • Makarenko v. Scott, (No. 10013)
    • United States
    • Supreme Court of West Virginia
    • March 8, 1949
    ...before this Court. In the Tawney case, however, this Court considered and overruled the case of Hinkelman v. Wheeling Steel Corporation, 114 W.Va. 269, 171 S.E. 538, and that action is relied on by the plaintiff in support of his contention that liability of the defendants exists in this ca......
  • Request a trial to view additional results
14 cases
  • Makarenko v. Scott, No. 10013.
    • United States
    • Supreme Court of West Virginia
    • March 8, 1949
    ...before this Court. In the Tawney case, however, this Court considered and overruled the case of Hinkelman v. Wheeling Steel Corporation, 114 W.Va. 269, 171 S.E. 538, and that action is relied on by the plaintiff in support of his contention that liability of the defendants exists in this ca......
  • Deller v. Naymick, No. CC950
    • United States
    • Supreme Court of West Virginia
    • November 21, 1985
    ...Act. Therefore, under such a state of facts, an action is not maintainable against the doctor." Hinkelman v. Wheeling Steel Corp., 114 W.Va. 269, 171 S.E. 538 3. The so-called "dual capacity" or "dual persona " doctrine does not except a full-time, salaried doctor employed by a subscriber t......
  • Marquez v. Rapid Harvest Co., CA-CIV
    • United States
    • Court of Appeals of Arizona
    • September 22, 1965
    ...96, 38 S.E.2d 73 (1946); Washington, Peet v. Mills, 76 Wash. 437, 136 P. 685 (1913); West Virginia, Hinkelman v. Wheeling Steel Corp., 114 W.Va. 269, 171 S.E. 538 (1933), overruled in Tawney v. Kirkhart, 130 W.Va. 550, 44 S.E.2d 634 (1947), but the rule of Hinkelman restored by Laws of 1949......
  • Makarenko v. Scott, (No. 10013)
    • United States
    • Supreme Court of West Virginia
    • March 8, 1949
    ...before this Court. In the Tawney case, however, this Court considered and overruled the case of Hinkelman v. Wheeling Steel Corporation, 114 W.Va. 269, 171 S.E. 538, and that action is relied on by the plaintiff in support of his contention that liability of the defendants exists in this ca......
  • Request a trial to view additional results

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