Frank v. City of St. Louis

Decision Date17 October 1898
PartiesFrank, Appellant, v. City of St. Louis
CourtMissouri 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.

Burgess, J. Gantt, P. J., and Sherwood, J., concur.

OPINION

Burgess, J.

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:

"The plaintiff states that the defendant is and has been since the year 1822 a municipal corporation existing under the law of Missouri; and that the plaintiff during the year 1894 and prior thereto was and is a physician and surgeon engaged in the practice of said profession in the city of St. Louis. That during the times hereinafter mentioned John N. Frank was the coroner of the city of St. Louis, duly elected to that position and holding and exercising the duties of the office. That during all of said times there was and is in force an ordinance of the city of St. Louis, numbered 17188, entitled 'An ordinance in revision of the ordinances of the city of St. Louis, and to establish new ordinance provisions for the government of said city,' approved April 7, 1893, and that by section 100 of said ordinance it was and is provided 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 twenty-five dollars, which shall be paid out of the treasury in the usual manner.' That during said year the plaintiff was called on by the coroner aforesaid to conduct 159 post mortem examinations in the city of St. Louis on the following bodies and dates, to wit: . . . . That the plaintiff duly conducted said post mortem examinations in a creditable and satisfactory manner and expended his time and knowledge therein, and that his services in the matters aforesaid were worth the sum of ten dollars for each post mortem examination so made by him as aforesaid. That the facts that said post mortem examinations were made...

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