Cotnam v Wisdom - their $ 2,000 claim was based on the...

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Class Notes Case: Court / Date: Judge: Facts: Issue: Holding: Rule: Cotnam v. Wisdom p.103 Sup Ct of Ark (1907) Rj Lea The evidence showed that deceased received fatal injuries in a street car wreck; that while he was unconscious some person summoned Dr. Wisdom to attend him: that Dr. Wisdom called in Dr. Abel, an experienced surgeon, to assist him; that they found that the patient was suffering from a fracture of the temporal and parietal bones, and that it was necessary to perform the operation of trephining; that the patient lived only a short time after the operation, and never recovered consciousness. Two doctors were summoned to render aid to decedent, who had been thrown from a street car. The doctors submitted their claim to the probate court, which allowed a $ 400 claim. They appealed to the circuit court, where the jury awarded $ 650 after the doctors argued to the jury that
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Unformatted text preview: their $ 2,000 claim was based on the decedent's net worth and the fact that he had died leaving only collateral heirs. The court reversed the circuit court's judgment and remanded the case. The court held that the doctors could recover under an implied contract. Therefore, the jury instruction that the doctors were entitled to compensation based on their rendering professional services to decedent was proper. Neither did the circuit court have to compel the doctors to show the value of their services to the decedent. But the circuit court erred in allowing evidence of the decedent's financial condition, his marital status, or the identity of his heirs. Such evidence was irrelevant and may have been prejudicial. Whether or not an implied contract existed. Reversed and Cause remanded...
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Cotnam v Wisdom - their $ 2,000 claim was based on the...

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