Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 — John Shaqi
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
On the other hand, in Langan _v._ Great Western R. R. Co. (30 Law
Times, N. S., 173), a sub-inspector of railway police was held to have
implied power to employ a surgeon for an injured employee. But in
Arkansas an attorney for a railroad company was held not authorized to
do so. St. Louis, etc., R. R. Co. _v._ Hoover, 53 Ark., 377.
_Doctrine in Indiana the More Sensible One._—The more sensible
doctrine seems to be established in this country, in the State of
Indiana at least, in the case of Terre Haute R. R. Co. _v._ McMurray
(98 Ind., 358), in which the Court held that where there was great
necessity for the employment of a surgeon, the conductor of a train
has authority to employ the surgeon, if the conductor is the highest
officer in rank on the ground at the time. But in that case the Court
expressly states that this liability grows out of the exigencies of
the case; not out of any theory of general authority.
_Authority of Railroad Physician to Employ Nurses, etc.,
Doubtful._—It has also been disputed whether the authority of the
company’s physician extended far enough to render the company liable
for services performed by nurses employed by him, or for board and
lodging engaged by him for injured employees. In Bingham _v._ Chicago,
etc., R. R. Co. (79 Iowa, 534), it was held that the authority was
sufficient, but in that case testimony appeared tending to show that
an agent of the company who had authority to employ the physician had
authorized him to employ two nurses. The converse doctrine—namely,
that the fact that a physician of the company was authorized to
buy medicines on the credit of the company does not authorize the
inference that he has power to render the company liable by a contract
for board and nursing of a person injured on the company’s road—was
held in Maber _v._ The Chicago, etc., R. R. Co., 75 Missouri, 495;
Brown _v._ The Missouri R. R., 67 Missouri, 122. To the same effect,
see Louisville, etc., R. R. Co. _v._ McVeigh, 98 Ind., 391; Cooper
_v._ N. Y. C. & C., 6 Hun, 276; and St. Louis, etc., R. R. Co. _v._
Hoover, 53 Arkansas, 377. 2 Redfield on Railways, 114:
On the other hand, where a physician and surgeon has been duly
employed by a sub-officer or servant of the railroad company,
ratification of this employment, by those having authority to employ
him and to render the company liable, will be inferred from slight
circumstances.
Such was the case of Louisville R. R. Co. _v._ McVeigh, which has been
cited.
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