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Greenspan v. Slate

12 N.J. 426 (1953)

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Greenspan v. Slate

New Jersey Supreme Court

12 N.J. 426 (1953)

Facts

Barbara Slate was 17 years old when she injured her foot during a basketball game. Although Slate’s foot became very swollen and discolored, her parents (defendants) believed that her foot was only sprained and did not take her to the doctor. Slate visited a friend at Mr. Garfield’s (plaintiff) home. Garfield promptly sent Slate to see Dr. Greenspan (plaintiff), who performed an X-ray. Dr. Greenspan determined that Slate’s foot was broken and applied a cast to her foot. Slate returned home to her parents, and her cast and use of crutches was plainly visible. Slate’s parents took her back to Dr. Greenspan a month later to have the cast removed. Afterwards, Dr. Greenspan sent Slate’s parents a bill for $45 for his services. Slate’s parents refused to pay, and Garfield and Dr. Greenspan filed suit seeking restitution. The trial court determined that Dr. Greenspan acted without any express or implied authorization from Slate’s parents and dismissed the case. Garfield and Dr. Greenspan appealed.

Rule of Law

Issue

Holding and Reasoning (Vanderbilt, C.J.)

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