The arrangement or contract for such services being valid, and having been carried out by the physician, he may then enforce the payment of his fees by suit, and if no definite amount is fixed in the agreement, then he may recover a fair and reasonable sum for the services.
The manifest purpose of the law to do justice is again shown in a case where a party arranged with a physician to make such special preparation, and, after the physician had made such preparation, subpcenaed him and paid the regular per diem; in such a case the law will require the party to pay such special compensation in addition to the regular fees.[1]
The extra fees or compensation which a party pays to an expert witness cannot be recovered by him from the adverse party, but must be borne by him irrespective of the result of the litigation.
- ↑ Barrus v. Phaneuf, 166 Mass. 125.
