Doctors and Lodge Members.

Alexandra Herald and Central Otago Gazette, Issue 695, 29 September 1909, Page 6

Doctors and Lodge Members.

AN IMPORTANT CASE - A decision of importance to friendly s.cietie* was given by Mr J. S. Evans, S.M., at Nelson last week in the case of Palmer v Pepps. Plaintiff is a mernter and defendant the secretary of an Oddfellows' lodge, and the claim was for .£s*2 10-, medical expenses icuned by plaintiff through the refusal of the lodge surgeon to attend him in an illness, an outside doctor having to be called in. Piaintiff contended that under the rules the lodge- was bound to supply him with medicine and medical attendance, and was liable for the refusal of the surgeou, its servant, to attend him. Defendant eonteuded that the court had no jmisdiction, as the dispute .-houl 1 have been referred to arbitration undo: the Friendly' Societies Act, and that the lod»e had done all that it was boind to do by appointing a surgeon aud that the !od»e was not responsible for Irs refusal to attend a member. The magistrate held that the court had jurisdiction. Plaintiff, as a memof the lodge, was a party to the contract with the surgeon, and his Worsh ; p could not find any principle or authority giving one out of a number of contracting parties the right to sue his co-contractors for the failure of the other puty to the contract. The lodge had lulfilled its obligation by the appointment of a qualified surgeon, and plaintiffs remedy was through, and not against, the lodge. Judgment was given for defendant. Security was fixed for an appeal.