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- 
eian.”** 
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 
6 Gerken v. Plimpton, 70 N. 7 Boom v. Reed, 69 Hun. 426, 
Y. Sup. 793; Potter v. Virgil, 23 N. Y. Sup. 421. 
67 Barb. 578. 
