Northern Central Railway Co. v. Prentiss

Eccleston, J., delivered the opinion of this court. This is an action of assumpsit instituted by John H. Prentiss, the appellee, against the appellant, to recover the sum of $400, for services rendered by the former as a physician and apothecary, for the benefit of William Steinhagen, who had been severely injured by an accident upon the Baltimore & Susquehanna .Rail Road. The accident occurred on Tuesday, the 4th of July 1854, and Steinhagen was taken to the house of Samuel Getty, the same evening. The next day, Jones, (a witness for the plaintiff,) in going to the city of Baltimore, met Doctor Prentiss, the plaintiff, and told him of Steinhagen’s condition, and asked the doctor to go to see him, and attend him, as he had no physician.

But Jones says he had no conversation with the doctor as to any authority to employ him. The witness, of his own accord, told the doctor to go to see Steinhagen; and it appears that he did go. The evidence of Getty shows that the injured man was confined for about eleven weeks, during which time the plaintiff attended him, furnishing him with medicine and wine. The Sunday after the accident, Mr. Tagart went to the house of Getty, to see Steinhagen.

The plaintiff examined Mr. Tagart as his witness, who stated that he was a director of the Baltimore & Susquehanna Rail Road Company, and counsel for the company; that all the cases arising out of the accident were put under his charge; that in virtue of this authority he went to the house of Getty to see Steinhagen, and told those having care of him not to let him suffer for the want of any comforts that he might wish, and if they would go to the company, they would pay for them; and that he, the witness, was agent and counsel for the ¹²⁴ rail road company, for the settlement of pecuniary claims arising out of the accident; that he gave to a certain Parsons an order upon the company for the payment of the money, which, for the company, he had agreed to pay Steinhagen in settlement of his claim for his injuries. And on cross-examination, this witness stated that he did not at any time employ the plaintiff to attend upon Steinhagen; that as agent for the company, he made a settlement with Parsons, who was ageht of Steinhagen, for the sum of $1000, which was a full and final settlement of all claims against the company, arising out of the injuries received by Steinhagen, and was intended to include compensation to him, and all doctors’ bills, and bills of others who might have any claims against the company, arising from services rendered him; that the witness stated to the parties, at the time, that this must be a full and final settlement of all claims. This witness also said he never would have made any other settlement than a full and final one of all claims, his instructions authorizing such and only such a settlement; that he never made any reservation of the liabilities of the company to the doctors, and never made use of the words, “we will fight the doctors.” The plaintiff’s.witness, Parsons, stated that he saw Steinhagen the night of the accident; that Doctor Prentiss came to see him the next day, or the next day but one, and attended him from that time during his illness; that on the next Saturday after the accident, Mr. Tagart went to the house of Getty, where Steinhagen was, witness was present when he came, and Tagart told witness and Getty not to let Steinhagen suffer for the want of any thing he might wish, to let him have every thing necessary for his comfort, every thing must be done to save his life. After this, the witness told Doctor Prentiss the rail road company would pay him.

This witness was agent for Steinhagen, in the settlement of his claim against the company. The witness stated that Steinhagen wanted $2000, which was to include all doctors’ bills and all others; this Mr. Tagart refused; witness afterwards offered to take $1500, out of which Steinhagen was to pay doctors’ bills and other bills; this Mr. Tagart refused, and said the company ¹²⁵ wanted to fight the doctors, on account of their exorbitant bills; after this, Mr. Tagart offered $1000 to witness; witness asked him to pay, besides this, one hundred dollars to Getty, for taking care of Steinhagen; this was refused; witness then accepted the offer of $1000. As he was leaving Tagart, witness said, this “does not include doctors’ bills;” Tagart said “no, we will fight the doctors.” The understanding of witness was, that the company was to pay the doctors; and if any thing is in the release contrary to this, it is a fraud. On cross-examination, this witness said that Steinhagen and his father (the son being a minor) executed a release to the company of all claims against the latter; that Mr. Tagart told the witness he was only authorized to give $1000 in settlement of Steinhagen’s claim.

The witness went, at the request of Mr. Tagart, to find out the amount of doctors’ bills, before the settlement. Doctor Bull was called in some time after witness saw Mr. Tagart, at Getty’s house. Starr, a witness for the plaintiff, stated that he went with Parsons and Getty to make a settlement of Steinhagen’s claim with Mr. Tagart; that Parsons asked $2000 the first time, which was refused; the second time $1500 was asked, including doctors’ and other bills, this Mr. Tagart refused, saying the company considered the doctors’ bills exorbitant, and wanted to fight the doctors. Witness was not present when Tagart and Parsons settled for $1000.

The witness Getty, called by the plaintiff, said that when Parsons offered to settle for $1500, and pay all bills, Tagart refused, and said the doctors want to extortion on the company, and we will fight them; we want to know what’s the lowest cent you will take yourself. Rhinehardt, a witness for the plaintiff, said he made an apparatus called Smith’s patent, for one of the persons injured in the accident on the 4th of July, which Doctor Prentiss had ordered. The rail road company paid for this, but refused to do so until witness produced the certificate of the