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59 Mo. 116

Rogers v. Turner

Supreme Court of Missouri

Decided February 15, 1875

Supreme Court of Missouri · decided 1875-02-15

I. If the medical services rendered were necessary to preserve life or health of respondent’s son, his liability is fixed. (St. Ferdinand Loretta Academy vs. Bobb, 52 Mo., 358, and cases cited ; Paul v. Hummel, 43 Mo., 122.) 'No actual knowledge or express authority is necessary in order to charge the defendant, he being under a natural and legal obligation to maintain and support his minor son.

Cited by 1 later decisions — most recently March 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1875-02-15

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Napton, Judge,

¶1delivered the opinion of the court.

¶2This action was by a physician to recover a bill of $25 against defendant, for medical services to his son, in treating, and curing the son of a disreputable disease.

¶3The evidence clearly showed that the son was a minor living with the father, and consulted and employed the plaintiff without the knowledge of the father, who had a family physician. Neither tits son or the plaintiff advised the father of the fact until eighteen months after the services were rendered.

¶4The court gave all the instructions asked by the plaintiff; but rendered a verdict and judgment against him, and we think the judgment is right. Medical services of the character might be considered as necessaries; but the father never .having refused to supply the son with any medical attention .that might be necessary, was under no obligation to pay for services rendered without his knowledge or consent.

¶5The judgment is affirmed ;

the other judges concur.
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