AotioN of assumpsit, tried before Saunders, J., at the last Spring Term of Stokes Superior Court The plaintiff declared for services rendered, as a physician and a surgeon, to a sick person at the defendant’s request. The defendant was sent for Hr. Pettis to assist in a surgical operation, and not finding him, the defendant went to the house of the plaintiff, and said “ I have come after yon to go and see a sick man. This is all the witness heard.
Decided 1858-06-05
Pearson, J.
¶1
There is no error. The evdience tended to show that the plaintiff was aware of the fact that the defendant acted merely as a messenger, and did not intend, or expect, to make himself personally liable for the services which were to be rendered to the sick man. The doctor, who was in attendance, explained to the sick man, in the presence of the plaintiff, what had occurred, that is, that the defendant who had been sent for Dr. Pettis, not finding him, as the case was urgent, had applied to the plaintiff to come in his place, and the plaintiff would assist in performing the operation, which was assented to. If the plaintiff was not willing to assist at the instance and on the credit of the sick man, it was his duty then to have made known his objections.
¶2
To hold the defendant liable, under these circumstances, would deter every one from doing the charitable office of going after a doctor for a sick neighbor.
