Indiana Supreme Court
59 N.E. 1058 (Ind. 1901)
Eddingfield (defendant) was a practicing physician in Montgomery County, Indiana. He was relied upon by the decedent of Hurley (plaintiff) as his family physician. Eddingfield held himself out to the public as a general practitioner of medicine, and was licensed in Indiana. One evening Hurley’s decedent became violently ill and sent a messenger to retrieve Eddingfield. The messenger told Eddingfield that Hurley’s decedent was violently ill and was in need of his immediate assistance, and that no other physician could be procured. These circumstances were all true. However, for no reason, Eddingfield refused to come to the aid of Hurley’s decedent. Eddingfield had no other patients to whom he was attending, and there were no obstacles standing in the way of his rendering assistance should he have been so inclined. Hurley’s decedent died shortly after this, through no fault of his own. Hurley sued Eddingfield for $10,000 for wrongfully causing the death of his decedent. The trial court entered judgment for Eddingfield, and Hurley appealed.
Rule of Law
Holding and Reasoning (Baker, J.)
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