72 ESSENTIALS OF VETERINARY LAW 



attend upon a sick patient his employment con- 

 tinues, while the sickness lasts, and the relation 

 of physician and patient continues, unless it is 

 put an end to by the assent of the parties, or is 

 revoked by the express dismissal of the physi- 

 cian. " ^ 



While the general rules would be the same for 

 human practitioners and for veterinarians, this 

 rule of continuance of service should not be so rig- 

 idly applied in the case of the veterinarian, 

 especially where the number of competent veter- 

 inarians is relatively small. Human life has a 

 theoretical value far above that of animals. How- 

 ever, in a New York case this doctrine was applied 

 in veterinary practice. It was an action by the 

 veterinarian to recover for his services in attend- 

 ing a horse. The testimony showed that at the 

 time of the plaintiff's last visit the horse was 

 very ill, and plaintiff promised to call again early 

 the next morning. He did not return, and the 

 horse died. The court held that evidence sus- 

 tained the claim of negligence."^ 



48. Gratuitous Service. "Whether the patient 

 be a pauper or a millionaire, whether he be treated 

 gratuitously or for reward, the physician owes him 

 precisely the same duty and the same degree of 

 skill and care. He may decline to respond to the 

 call of a patient unable to compensate him; but 

 if he undertakes the treatment of such a patient 

 he cannot defeat a suit for malpractice, nor miti- 

 gate a recovery against him, upon the principle 



« Gerken v. Plimpton, 70 N. ' Boom v. Beed, 69 Hun. 426, 



Y. Sup. 793 ; Potter v. Virgil, 23 N. Y. Sup. 421. 

 67 Barb. 578. 



