Cotnam v. Wisdom

83 Ark. 601, 104 S.W. 164 (1907)

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Nature of the Case

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Facts

Harrison was thrown from a streetcar and was knocked unconscious. A spectator summoned Dr. Wisdom (P) and another physician (P) to the scene, where they unsuccessfully attempted to save Harrison's life. P tried to recover the value of their services from Harrison's estate. Cotnam (D), executor of Harrison's estate, refused to pay; Harrison was unconscious and did not assent to the medical services. The trial court instructed the jury that if you find from the evidence that Ps rendered their professional services in a sudden emergency, then you are instructed that Ps are entitled to recover the reasonable compensation for those services. It told the jury that the character of the operation, the experiences, and responsibilities of the surgeon and his professional training and the ability to pay of the person operated upon are elements in determining what a reasonable fee would be. D appealed from a judgment for P.