Youngstown Park & Falls Street Railway Co. v. Kessler

Citations

• 84 Ohio St. (N.S.) 74

Syllabus

<p>Contract by street railway corporation — To perform medical services — Not only ultra vires but void — Such corporation not liable in damages for malpractice in surgery — May contract to furnish medical services- — Petition for recovery of damages — Against corporation for malpractice — Does not state cause of action, when.</p> <p>1. A contract to perform medical or surgical services by a corporation organized for the purpose of constructing, owning and operating a street railway, is not only ultra vires, but is in direct conflict with the laws of this state regulating the practice of medicine and surgery and is, therefore, void.</p> <p>2. Such a corporation cannot be directly liable for damages for malpractice of medicine or surgery.</p> <p>3. Such corporation may make a valid contract to furnish or pay for medical aid and attention to one injured upon its cars or tracks, and an action against it for damages for a breach of such contract may be maintained.</p> <p>4. A petition that avers the making of such contract, the employment by the company of a surgeon in pursuance of such contract and malpractice on the part of such surgeon resulting in damages to the plaintiff, but which does not aver that the person so employed was not regularly admitted to practice medicine and surgery in Ohio, or that he was incompetent and the company knew, or had means op knowing of his incompetency, or that it was otherwise guilty of negligence or carelessness in selecting him to perform such service, does not state a cause of action.</p>