74 ESSENTIALS OF VETERINARY LAW 



from ordinary practice, he should be held liable 

 for harm resulting. In an Iowa case a veterinary 

 student attempted to operate upon the shoulder of 

 a horse. He was sued for malpractice, and was 

 at first held liable for the damage inflicted, al- 

 though it was shown that he had not expected to 

 receive pay for his services; but on a rehearing 

 the decision was reversed, because it was proven 

 that his services were rendered, under protest, at 

 the earnest request of the owner of the colt. It 

 was shown by the testimony offered that the stu- 

 dent had called attention to his incompetence, be- 

 ing still an undergraduate.^^ 



The general rule of law is thus stated by Mr. 

 Cooley: ^^ "When friends and acquaintances are 

 accustomed to give, and do give, to each other 

 voluntary services without expectation of reward, 

 either because other assistance cannot be procured, 

 or because the means of parties needing the help 

 will not enable them to engage such as may be 

 within reach, the law will not imply an undertak- 

 ing for skill, even when the services are such as 

 professional men alone are usually expected to 

 render. * * * But when one holds himself 

 out to the public as one having professional skill, 

 and offers his services to those who accept them 

 on that supposition, he is responsible for want of 

 the skill he pretends to, even when his services are 

 rendered gratuitously. ' ' 



In 1856 in a suit for malpractice against a veter- 

 inarian in Indiana the jury were instructed in the 



10 Morrison v. Altig, 134 N. n On Torts, p. 779, 



W. 529, reversed on rehearing, 

 157 Iowa 265, 138 N. W. 510. 



