Scott v. Monte Cristo Oil & Development Co.
Before: Shaw
Synopsis
Action for Services-—Care of Injured Employee of Oil Company at Sanatorium—Local Authority of President—Liability of Corporation.—Where the corporation defendant, though having its principal place of business at San Francisco, was engaged in developing its oil lands in Kern county, and had placed its president in supreme local authority at its works, it is held that he had presumed authority, where an employee was seriously injured thereat and became unconscious, to engage the services of a physician and surgeon, who found that he needed the operation of trephining, and to order him to be sent to a sanatorium for such operation, and to promise that the corporation would pay all bills therefor, and for nursing required thereat, and all bills required for his care at such sanatorium.
Id.—Circumstances Disclosed by Record—Reasonable Inference of Authority.—It is held that, under the circumstances disclosed by the record, it is but a reasonable inference to conclude that the making of the agreement by the president of the corporation was within the scope of the powers vested in him by the corporation.
Id.—Supposed Liability of Defendant for Negligence—Consideration for Contract—Presumed Interest.—If the injury to the employee was due to the negligence of the corporation defendant, then, in the absence of contributory negligence on his part, the corporation would be liable to him for all of the expenses incurred for his relief; and such circumstances would constitute sufficient consideration for making the agreement, and would raise a presumption that it was in the interest of the corporation to reduce its liability for damages on account of such injury.
Id.—Supposition of Nonliability for Injuries—Ratification of Acts — Moral Obligation.—Conceding that defendant was not legally responsible for the injuries sustained by the employee, yet as the company recognized an obligation to assist in relieving his sufferings, and by paying for Ms transportation to the sanatorium gave some ratification to its president’s acts in making the agreement, the moral obligation resting upon the defendant to furnish assistance and care to an injured employee constituted a sufficient consideration for the agreement made by the president of the company to pay the physician for professional services rendered to such employee.
Id.—Immaterial Finding—Injury in Performance of Duties—Absence of Evidence.—Though there is no evidence to sustain a finding that the injury was sustained by the employee in the course of its business, yet it is held that the error is not prejudicial, and should be disregarded as immaterial.
SHAW, J.
Plaintiff is a physician and surgeon, and brought this action, both in his own behalf and as assignee of other claims, to recover for professional services rendered and medicines furnished to an employee of defendant, which services and medicines are alleged to have been rendered and furnished at defendant's request. Defendant is a corporation having its principal place of business at San Francisco, but at the times mentioned in the complaint was engaged in mining oil and the development of oil lands in Kern county. No question is made as to the rendition or value of the services alleged to have been performed, but defendant denies that the same were rendered at its request. The chief question, therefore, presented is whether defendant authorized plaintiff to render the services.
It appears from the findings that on or about the twenty-second day of February, 1908, one Leslie Ingalls was in the employ of defendant as a laborer upon certain oil lands which defendant was then engaged in developing; that while so
[455]
in the employ of defendant, and while performing the duties of his said employment, said Ingalls received great bodily injury and was so dangerously hurt that he lost all consciousness, and was absolutely helpless and unable to do or act for himself by reason thereof; that on said date defendant requested plaintiff, in his capacity of physician and surgeon, to attend said Ingalls and to care for and furnish all medical aid necessary in the treatment of his said illness caused by the injuries so received while in the employ of defendant; that the president of the corporation, in the presence of the field superintendent thereof, promised and agreed on behalf of said corporation that it would pay him for such services so rendered and to be rendered on behalf of said Ingalls, who was totally unable to act for himself and in a helpless condition; that plaintiff did attend said Ingalls and gave him medical aid and surgical assistance during the period extending from February 22d to and including April 5th, which services were of the reasonable value of $500. That one Anderson was the proprietor of a sanatorium, known as the Bakersfield Sanatorium, to which the president of the corporation, in the presence of the field superintendent, ordered the said Leslie Ingalls to be taken, and to be there nursed and cared for during his said illness, and the president of said corporation did promise and agree on its behalf that it would pay to said Anderson the expense and cost of the care and nursing of said Ingalls during his said illness; that from said twenty-second day of February to and including the fifth day of April, the said Anderson did care for, shelter, attend and nurse said Ingalls during his said illness, the reasonable value of which service was the sum of $456, which claim was duly assigned to this plaintiff. A like finding is made with reference to the claim of the drug company which is alleged to have furnished medicines and drugs for the use of said Ingalls during his said illness. It is further round that the corporation partially ratified the acts of its president in ordering medical aid, care and nursing of said Ingalls, by paying part of the expense that was incurred, in that the corporation paid the bill for the hire of the wagon wherein said Ingalls was conveyed from its property in the oil fields to the Bakersfield Sanatorium.
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