This section contains the nature of the case and procedural background.

D was a practicing physician. D was duly licensed under state law. D held himself out to the public as a general practitioner of medicine. D was the decedent’s family physician. The decedent was violently ill and summoned D by messenger to attend to him and tendered the fee. The messenger told D that no other physician was available at that time and the decedent was relying upon D for help. D refused to render aid to the decedent. There were no other pressing matters before D, and there was nothing stopping D from attending to the decedent. The decedent died wholly from D’s refusal to attend to him. The alleged wrongful act was D’s refusal to enter into a contract for employment. P sued D for wrongful death. D demurred, and it was sustained by the trial court. This appeal resulted.

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