Frank v. City of St. Louis
Decision Date | 17 October 1898 |
Parties | Frank, Appellant, v. City of St. Louis |
Court | Missouri Supreme Court |
Appeal from St. Louis City Circuit Court. -- Hon. Daniel Dillon Judge.
Affirmed.
Leverett Bell for appellant.
The ordinance of the city of St. Louis providing that when a physician or surgeon shall be called on by the coroner to conduct a post mortem examination, the mayor shall be authorized to allow such physician or surgeon a fee not exceeding $ 25 which shall be paid out of the treasury in the usual manner, creates an indebtedness against the city in favor of a physician or surgeon employed in the manner and for the purposes above stated, and in the event of the mayor refusing without cause to allow said physician or surgeon any compensation, the same may be recovered in an action for the value of the services rendered, within the limit named. State ex rel. v. Marshall, 82 Mo. 484; State ex rel v. County Court, 83 Mo. 539; R. S. 1889, secs. 2461, 2468 3422, 3443.
B. Schnurmacher and Chas. Claflin Allen for respondent.
(1) The coroner of the city of St. Louis is charged with the performance of the same duties in the city as are required of coroners of the different counties of the State. Laws of 1893, p. 117; R. O. 1892, p. 458, sec. 91. (2) Inquests are properly held only where there is reason to suppose that the person found dead came to his death by violence or casualty. R. S. 1889, secs. 2442, 2463; State ex rel. v. Marshall, 82 Mo. 484. (3) Although the petition in this case alleges that plaintiff, in the course of only one year, conducted one hundred and fifty nine examinations, the petition is absolutely silent as to the necessity or propriety of such examinations. State ex rel. v. County Court, 83 Mo. 539. (4) It was for the mayor to determine whether the necessity for these post mortems, existed, and in that regard he acted judicially. State ex. rel. v. Flad, 108 Mo. 614.
This is an action by plaintiff, who is a physician and surgeon, against the city of St. Louis, to recover the sum of $ 1,590, as compensation for services rendered by him in his professional capacity in holding a large number of post mortem examinations on dead bodies of persons in said city, at the request of its coroner, John N. Frank.
The material allegations of the petition are as follows:
...
To continue reading
Request your trial