Omaha daily bee., 1909-07-17
BIG MEDICAL FEE LOST
UnfeelinE Court Holds that 100000
Is a Shade Beyond the
Limit,

A medical fee Of $780, 600 is not to be re-
covered against the estate of the late Mrs
Harriet q. McNicker by Or. Lord C. n. E
Ieigler, under a decision OF the appellate
court of Chicago, setting aside a Judgment
in the circuit court awarding this amount
to DIR. Zeigler.
me contract entered into between Mrs.
McNicker, who was at the time 70 wears
Old and Or. zeigler, osteopath and a young
man, was declared by the appellate court
to be against public policy and therefore
void. Under the contract, which was signed
July "a, 1899, DR.. Zeigler was to give med
lcal attention for the rest OF her life to
Mrs. McVioker, who was the widow Of J.
II. McVicker, once a prominent Chicago
theatrical owner.
After Mrs. McVicker's death in Pasadena,
Cal, August 25, 1904, Or. zeigler made a
claim in the probate court for the 800. OOO.
The claim attracted great popular interest.
It was not allowed, however, by Judge
Cutting, although that jurist did allow
$4,000 on an oral contract. DR.. zeigler
then took an appeal to the circuit court,
whore, in 1907, after a prolonged jury trial
he was awarded the full amount in cor
troversy.
DR.. Zeigier met Mrs. Mcvicker in 1899.
oiN III CNNobVl VI NhdN NtdI It DtEdn his
treatment of her. He first treated her at
his office, and afterward at the Lexlng-
ton hotel. In April, 1904, Mrs. McVicker
went to Pasadena, accompanied by the
physician.
The opinion Of the appellate court was
read by Presiding Judge Holdom. In part
the court said:
"Dr. zeigler's right must be admeasured
In harmony with the obligations and duties
which the law eXacts OF persons bearing
the relationship Of doctor and patient in
their relations with each other"
After citing several opinions TO define the
meaning Of the relationship in this case,
the opinion reads:
Applying these tests, we find a contract
to furnish medical services, by a young
osteopath practitioner (but recently gradu-
Rted), whose usual and customary charge
was 81 per treatment, to an octogenarian
woman in feeble health, as long as she
might live. at the extravagant remunera-
ton of 800, 900.
1.-THE evidence in the record fails, in our
opinion, to sustain the contract as being
fairly obtained, or to prove that It was
entered into upon adequate consideration,
or upon full Information and with indie
pendent advice.
THE fact that zeigler did not practice
any articles or exert any undue influence
to induce Mrs, McVicker to shorten her
life, does not hold any palliation to his
position before the law in attempting to
enforce the contract against her estate or
relieve the contract from the imputation
which the law casts upon It of being con-
trary to public policy and therefore void,
The policy of the law is not to sanction the
putting OF a party in a position where he
is subject to the temptation to do wrong
in serving his own interests, which as in
the case at bar, is to hasten death rather
than to prolong life. 1t cannot be gain
said but that the early demise Of Mrs. Nc
Wicker was to the financial interest Of
ZeiEler, for on the happening OF that event.
Il the contract should be upheld, he would
be entitled to receive from her estate the
sum OF 800, 0OO."-Chicago Record-Herald