D was a licensed physician and held himself out as a general practitioner of medicine, including being family doctor for P's decedent.
P's decedent became ill, sent for D via messenger with payment.
D was told of sickness, that no other physician was procurable in time, and P's decedent relied on him for attention.
D refused to render aid, and P's decedent died as a result of D's wrongful act.
Procedural History:
Complaint was dismissed (demurrer).
Judgment affirmed for D.
Issues:
Whether or not people have a freedom of contract, i.e. is there a social (or other) obligation to enter into certain contracts?
Holding/Rule:
There is a freedom of contract and no obligation for a party to enter into a contract.
Reasoning:
Before the enactment of the law regulating the practice of medicine, physicians were bound to render professional service to every one who applied.
The act that was passed is a preventive, not a compulsive, measure.
Upon gaining a license to practice medicine, the physician is not required by the state to practice at all or on terms other than those he chooses to accept.
