Scullin v. Routh

• Decision Date: 08 January 1917
• Docket Number: (No. 89.)
• Court: Arkansas Supreme Court
• Parties: SCULLIN et al. v. ROUTH.

191 S.W. 218

SCULLIN et al. v. ROUTH.

(No. 89.)

Supreme Court of Arkansas.

January 8, 1917.

Appeal from Circuit Court, Boone County; Jno. I. Worthington, Judge.

Action by C. M. Routh against John Scullin and others, as receivers of the Missouri & North Arkansas Railroad Company. Judgment for the plaintiff in the circuit court on appeal from a justice of the peace, and defendants appeal. Affirmed.

Moore, Smith, Moore & Trieber, of Little Rock, for appellants. C. M. Cooke and J. Loyd Shouse, both of Harrison, for appellee.

HART, J.

Appellee sued appellants before a justice of the peace on an account for medical services. He obtained judgment before the justice of the peace, and appellants appealed to the circuit court. The case was tried in the circuit court upon facts substantially as follows:

Dr. C. M. Routh, the appellee, is a physician residing at Harrison, Ark., a station on appellants' line of road. A collision occurred on appellants' line of road near Green Forest, Ark., and Ernest Cook was severely injured. His leg was broken and he suffered from a double compound fracture. The general claim agent of the railroad telephoned appellee to go to Green Forest and take charge of Cook and carry him to Cook's home at Batavia, which was about nine miles distant from Harrison. Appellee did so, and charged for this service $10, which he says was a reasonable price. Septic infection set in from some poisonous condition of the wound, and it became necessary for some one to continue to treat Cook. Appellee made 28 more visits to him, and charged therefor $7.50 for each visit, which he says was a reasonable price, Batavia being, as we have already seen, about nine miles from Harrison.

Appellee stated that the general claim agent of the railroad and his assistant both knew that he was continuing to treat Cook and directed him to do so. The claim agent admitted that he had called appellee to take charge of Cook after Cook had been injured in the wreck, and also admitted that he knew that appellee continued to treat him and that it was necessary for some physician to treat him, but he stated that he had no authority to employ a physician except in cases of emergency.

The railroad company introduced its rules in regard to the employment of physicians, and the same are as follows:

"A. This company will not recognize any responsibility for board, medicine, medical and surgical attention, nursing, or funeral expenses, except such as contracted for by its general manager or superintendent.

"B. When persons or employés are injured, the nearest company surgeon should be called. If the case is urgent, and the company surgeon cannot be immediately procured, the conductor, agent, or officer in charge, if unable to procure instructions from the proper authority, is authorized to call the nearest surgeon available to administer first aid and care to the patient until the company surgeon can take charge of the case."

The jury returned a verdict in favor of appellee in the sum of $210. From the judgment rendered, this appeal is prosecuted.

Appellee also sued for services rendered other employés of the railroad company, but,...