COTNAM V. WISDOM
83 Ark. 601, 104 S.W. 164 (1907)
NATURE OF THE CASE: Cotnam (D), estate of decedent, sought review of the judgment which
rendered judgment in favor of Wisdom (P), doctors for medical services they rendered to
Harrison, decedent, after he was hit by a street car. Ps had previously presented this claim
to the probate court, and appealed that decision to the circuit court.
FACTS: Harrison was thrown from a street car and was knocked unconscious. A spectator
summoned Dr. Wisdom (P) and another physician (P) to the scene, where they unsuccessfully
attempted to save Harrison's life. P tried to recover the value of their services from
Harrison's estate. Cotnam (D), executor of Harrison's estate, refused to pay; Harrison was
unconscious and did not assent to the medical services. The trial court instructed the jury
that if you find from the evidence that Ps rendered their professional services in a sudden
emergency then you are instructed that Ps are entitle to recover the reasonable compensation
for those services. It told the jury that the character of the operation, the experiences
and responsibilities of the surgeon and his professional training and the ability to pay of
the person operated upon are elements in determining what a reasonable fee would in fact be.
D appealed from a judgment for P.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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