Greenspan v. Slate

12 N.J. 426 (1953)

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Nature of the Case

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Facts

Barbara, the 17-year-old daughter of Ds, injured a foot while playing basketball at high school. Within two or three days it became exceedingly swollen and conspicuously discolored so that she could walk on it only with the greatest difficulty and pain. Ds thought it was just a sprain and decided to do nothing. Garfield (P), a member of the bar, discovered her plight. Garfield promptly sent Barbara to the nearby office of P, who discovered from an X-ray that the foot had been fractured. P applied a cast. Barbara used crutches. Barbara lived at home with Ds and the presence of the cast and her use of crutches were thus known to them. The application of a cast for a month and the use of crutches did present an emergency. P testified that permanent injury would have ensued if there had not been proper medical care and attention was uncontradicted. P rendered a bill to Ds of $45. Ds refused to pay. P sued Ds. The trial court granted Ds' motion to dismiss on the ground that P had acted without any express authorization and there wasn't enough proof for an implied authorization. The Appellate Division affirmed. P appealed.