Jackson v. Pacific Coast Condensed Milk Co.

• Citation: 120 P. 1,61 Or. 158
• Parties: JACKSON v. PACIFIC COAST CONDENSED MILK CO.
• Decision Date: 23 January 1912
• Court: Supreme Court of Oregon

120 P. 1

61 Or. 158

JACKSON v. PACIFIC COAST CONDENSED MILK CO.

Supreme Court of Oregon

January 23, 1912

Appeal from Circuit Court, Washington County; J.U. Campbell, Judge.

Action by George Jackson, by guardian ad litem, against the Pacific Coast Condensed Milk Company. From a judgment for plaintiff defendant appeals. Affirmed.

Plaintiff in June, 1908, was in the employ of defendant at its factory as a laborer at the agreed wage of 15 cents per hour, and it was agreed that defendant was to retain 50 cents per month as hospital fees from such wages. While performing the duties of his employment on June 28, 1908, his left leg was broken, but the injury was of such a nature that he did not realize that there was a fracture, although it caused him great suffering. He continued at his work for several days, during which time he complained of the injury to his boss at different times and also reported his inability to work. He consulted a physician, Dr. Ward, who he understood was the company's physician, and was given some liniment for external application. He reported to the bookkeeper that he had consulted Dr. Ward, and was told it was all right. Plaintiff's condition continued to grow worse, and in August, 1908, being unable to work, he consulted another physician, Dr. Leonard, who pronounced the injury a fracture and he set it in splints. There was not much improvement until May, 1909, when plaintiff consulted Dr. Wilson, who operated upon the bone to induce it to unite. So far as the record shows, the defendant does not maintain a hospital, but simply uses the hospital funds to defray the expenses for medical treatment of the members of the Hospital Fund Association, who are entitled to aid therefrom. On November 27, 1908, defendant paid all bills incurred by plaintiff for medical treatment prior to that date, but bills subsequently incurred by him it refused to pay, being the items for surgical treatment and attention and the expense of X-ray photos, amounting to the sum of $218.95. Plaintiff brought this action to recover that sum. On the trial, at the close of plaintiff's evidence, defendant moved for judgment of nonsuit, which was denied, and verdict and judgment were rendered for plaintiff, from which defendant appeals.

Isaac D. Hunt (Williams, Wood & Linthicum, on the brief), for appellant.

Bagley & Hare, for respondent.

EAKIN C.J. (after stating the facts as above).

The only question involved on the appeal is the alleged error in the denial of the motion for judgment of nonsuit, which involves two questions: Whether plaintiff has established a contract on the part of defendant to pay such expense; and if so, whether the injury and expense incurred in the treatment of it are within the contemplation of the contract.

Plaintiff's contract of employment is evidenced by the following "Forest Grove Factory. George Jackson, No. 54, enters the employ of the Pacific Coast Condensed Milk Co. as gen'l help to be rated at 15¢ per hour from June 9, 1908; 50¢ per month to be deducted for Hospital Fund. Payment for each month's labor to be made on the 12th day of the following month. I agree to the above. George Jackson. H.H. Steward, Supt." The by-laws of the Hospital Fund Association of defendant are stated, in substance, in the answer of defendant as follows: "On or about the first day of March, 1903, the defendant herein ***...