In a suit for medical services the plaintiff is presumed to have been licensed ; McPher son v. Cheadell, 24 Wend. (N. Y.) 15. See, also, Chicago v. Wood, 24 Ill. App. 42. An act providing that no person shall practice medicine who has ever been convicted of fel ony, applies to persons who had been con victed of felony before the passage of the act, and does not conflict with the federal constitution ; Hawker v. New York, 170 U. S. 189, 18 Sup. Ct. 573, 42 L. Ed. 1002.
Contracts for contingent compensation are valid ; Coughlin v. R. Co., 71 N. Y. 443, 27 Am. Rep. 75 ; Smith v. Hyde, 19 Vt. 54.
In assumpsit by a physician for his services, the defendant cannot prove the professional reputation of the plaintiff ; Jeffries v. Harris, 3 Hawks (N. C.) 105. Physicians can recov er for the services of their students in at tendance upon their patients ; People v. Mon roe, 4 Wend. (N. Y.) 200. Partners in the practice of medicine are within the law mer chant, which includes the jus accrescendi be tween traders; Allen v. Blanchard, 9 Cow. (N. Y.) 631. An agreement between physi cians whereby, for a money consideration, one promises to use his influence with his patrons to obtain their patronage for the other, is not contrary to public policy ; Hoyt v. Holly, 39 Conn. 326, 12 Am. Rep. 390. If a physician carries contagious disease into a family, on a suit for services this may be shown to reduce his claim ; Piper v. Menifee, 12 B. Monr. (Ky.) 465, 54 Am. Dec. 547.
A physician who has been guilty of negli gence in the treatment of his patient, result ing in damages to the latter, does not nec essarily lose his right to recover any com pensation whatever for his services ; but the amount of his recovery, if any, depends on the amount of damages suffered because of negligence ; Whitesell v. Hill (Ia.) 66 N. W. 894.
Where one who has received personal in jury through the negligence of another uses reasonable and ordinary care in the selec tionof a physician, the damages awarded him will not be reduced because more skil ful medical aid was not secured ; Collins v., Council Bluffs, 32 Ia. 324, 7 Am. Rep. 200.
Hospital records containing entries by a nurse are not competent evidence ; Baird v. Reilly, 92 Fed. 884, 35 C. C. A. 78 ; nor are city hospital records, though kept by law ; Connor v. Ins. Co., 78 Mo. App. 131; nor the temperature chart kept by the bedside to prove facts therein stated ; Griebel v. R. Co., 184 N. Y. 528, 76 N. E. 1096. Hospital rec ords are not admissible unless supplemented by the evidence of the person who made them, if such person can be produced ; Cashin v. R. Co., 185 Mass. 543, 70 N. E. 930; en tries made daily by a physician are admissi ble to show the state of health of a patient in an asylum ; 9 N. J. L. J. 118.
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