Osborn v. Weatherford, 8 Div. 356
| Decision Date | 06 October 1936 |
| Docket Number | 8 Div. 356 |
| Citation | 170 So. 95,27 Ala.App. 258 |
| Parties | OSBORN v. WEATHERFORD. |
| Court | Alabama Court of Appeals |
Appeal from Law and Equity Court, Franklin County; W.H. Quillin Judge.
Action by Dr. Z.L. Weatherford against G.N. Osborn. From a judgment for plaintiff, defendant appeals.
Affirmed.
W.L Chenault and William Stell, both of Russellville, for appellant.
J. Foy Guin, of Russellville, for appellee.
As we see this case, there is but one question necessary to a decision, and that is the question of law based upon the facts of this case; there appearing no material conflict in the testimony adduced upon the trial in the court below.
The plaintiff, a practicing physician and surgeon, brought this suit against defendant to recover pay for services rendered to Ellis Osborne, the minor son of defendant, who worked in the store of defendant, and also lived in the home with him as a member of his family.
The complaint consisted of three counts. Count 2 thereof was eliminated by the court's ruling on demurrer.
The evidence adduced upon the trial tended to sustain the allegations in counts 1 and 3, and the verdict of the jury found the issues in favor of the plaintiff for the amount sued for.
It appears from the evidence that the defendant, G.N. Osborne was a merchant in the town of Red Bay, and that his son Ellis Osborne, during the temporary absence of his father, and without his father's knowledge, accompanied the Red Bay high school basket ball team to Russellville to play against the team of the school in that town. This minor son was not a student of the Red Bay high school, nor was he a member of the basket ball team; but at the request of the coach of the team he participated in the game during which he had his arm broken. He was advised and did return to his home town to have the injured arm treated, and with two or three boy friends called upon plaintiff for that purpose. The plaintiff administered an anesthetic, set and splintered the broken arm, and treated him thereafter. No question is involved as to the satisfactory and successful treatment of defendant's minor son, nor as to the reasonableness of the charge made by plaintiff for this service; nor is there any contention that the doctor has ever been paid for such services.
The defendant denied liability for the claim for services rendered his son by plaintiff, and in this connection contended that the coach of the Red Bay school, one Crim brought the defendant's son to...
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Ex parte Lucas
...to secure medical treatment for their children. Ex parte University of South Alabama, 541 So.2d 535 (Ala.1989); Osborn v. Weatherford, 27 Ala.App. 258, 170 So. 95 (1936). "`The omission or neglect to perform a duty resulting in death may constitute murder where the omission was willful and ......
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Ex parte University of South Alabama
...and when needed is the proper subject of recovery in a civil action. This proposition has never been doubted." Osborn v. Weatherford, 27 Ala.App. 258, 259, 170 So. 95, 96 (1936). Appellate courts of this State have considered circumstances affecting the determination of "necessaries." The d......
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R.J.D. v. Vaughan Clinic, P.C.
...of providing medical attention for their children. Ex parte University of South Alabama, 541 So.2d 535 (Ala.1989); Osborn v. Weatherford, 27 Ala.App. 258, 170 So. 95 (1936). This Court has found no Alabama cases directly applicable to the facts in this case, and the legislature has not addr......
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J.M. v. Madison Cnty. Dep't of Human Res.
...provide medical care for his or her child, see Ex parte University of South Alabama, 541 So.2d 535 (Ala.1989) ; and Osborn v. Weatherford, 27 Ala.App. 258, 170 So. 95 (1936), and, if a parent shows an irremediable inability to provide such medical care, a juvenile court would have grounds t......