Fraser

The plaintiff brought this action to recover the sum of one thousand dollars alleged to be due him for medical services rendered to one John Howden at the request of the defendant. The answer denied that the services were rendered at the request of defendant, or that defendant was in any way liable therefor. The plaintiff recovered a judgment for the sum of six hundred and sixteen dollars, from which, and from an order refusing a new trial, the defendant appeals:

*81 It appears from the record that on the 19th of May, 1890, the defendant was engaged in the erection of a bridge in Sonoma county, and John Howden was the foreman in charge of the work. On that day Howden fell from the bridge, and received serious injuries, which caused his death on the 23d of July following. It is not claimed, however, that the fall resulted from any carelessness or fault on the part of the defendant or its other employees.

On the next day after the injuries were received Howden was taken to his home in San Francisco, and thereupon, at the request of his wife, the plaintiff, Dr. Fraser, who had,been his family physician for several years, visited him and took charge of the case. Thereafter the…