De May v. Roberts, Sup. Ct. Of Mich.,

46 Mich. 160, 9 N.W. 146 (1881)

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Nature of the Case

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Facts

Dr. DeMay (D1) went to Roberts' (P) bedroom where he was to deliver P's baby. D1 brought Scattergood (D2) with him. D2 was unmarried and was known by D1 to be utterly ignorant of the practice of medicine. D2 appeared to be D1's assistant, and P believed that he was. D2 was present in P's room during the labor and laid hands upon her to assist in the birth. P sued D1 for deceit, and invasion of privacy for passing off D2 as his aid. P sued D2 for assault and battery because D2 wrongfully laid his hand on her. At trial, D1 testified that he needed the help of D2 because the night was dark and stormy and the roads were difficult to travel. D1 only said that D2 was a friend to help carry his things. No objection to the presence of D2 was ever made. Judgment was given to P. Both D's appealed.