DE MAY V. ROBERTS
Sup. Ct. of Mich., 46 Mich. 160, 9 N.W. 146 (1881)
NATURE OF THE CASE: This is an action to recover damages for assault, battery, deceit,
and invasion of privacy.
FACTS: Dr. DeMay (D1) went to Roberts' (P) bedroom where he was to deliver P's baby. D1
brought Scattergood (D2) with him. D2 was unmarried and was known by D1 to be utterly
ignorant of the practice of medicine. D2 appeared to be D1's assistant and P believed that
he was. D2 was present in P's room during the labor and laid hands upon her to assist in the
birth. P sued D1 for deceit, and invasion of privacy for passing off D2 as his aid. P sued
D2 for assault and battery because D2 wrongfully laid his hand on her. At trial D1 testified
that he needed the help of D2 because the night was dark and stormy and the roads were
difficult to travel. D1 only said that D2 was a friend to help carry his things. No
objection to the presence of D2 was ever made. Judgment was given to P. Both D's appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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