Tuesday, October 25, 2011

cotnam v. wisdom case brief


Mr. Harrison was thrown from streetcar, receiving serious injuries, which rendered him unconscious. While in the present condition a doctor/doctors assisted him in a intricate operation. Although unsuccessful, Mr. Harrison died without regaining consciousness and the physicians are looking for payment under an (implied contract).

1. Can the plaintiffs recover for their professional services that they rendered to the deceased? 2. Was the trial court correct in instructing the jury that it can consider the finances of the deceased in order to determine the compensation to the plaintiffs?

1. “An insane person, an idiot, or a person utterly bereft of all sense and reason by the sudden stroke of an accident or disease may be held liable, in assumpsit, for necessaries furnished to him in good faith while in that unfortunate and helpless condition.”

-Was improper to let it go to the jury that Mr. Harrison was a bachelor and that his estate was left to nephews-not relevant to case, may have been prejudicial.

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