Barre City Hospital v. Town of St. Johnsbury, 1782

• Decision Date: 02 October 1951
• Docket Number: No. 1782,1782
• Citation: 117 Vt. 5,83 A.2d 600
• Parties: BARRE CITY HOSPITAL v. TOWN OF ST. JOHNSBURY.
• Court: Vermont Supreme Court

Page 600

83 A.2d 600

117 Vt. 5

BARRE CITY HOSPITAL v. TOWN OF ST. JOHNSBURY.

No. 1782.

Supreme Court of Vermont.

Oct. 2, 1951.

Finn, Monti & Davis and H. William Scott all of Barre, for plaintiff.

Arthur L. Graves and Frederick G. Mehlman, St. Johnsbury, for defendant.

Before SHERBURNE, C. J., and JEFFORDS, CLEARY, ADAMS and BLACKMER, JJ.

JEFFORDS, Justice.

This is an action of contract in which the plaintiff seeks to recover for the relief and support of one Idella Allen under and by force of V.S.1947, §§ 7112 and 7114. The case was tried by the court with a resulting judgment for the plaintiff and it is here on exceptions of the defendant.

The material facts as found by the court are as follows: '1. That Idella Allen was admitted to plaintiff hospital on May 25, 1949, and remained there until her discharge on June 7, 1949. 2. That the plaintiff gave notice to defendant, as required by § 7112, Vermont Statutes, Revision of 1947, as amended; that the condition for which Idella Allen was treated at plaintiff hospital had existed for some time prior to her admittance; that she had been previously treated for the same condition at certain hospitals in Burlington; that I find that the condition for which she was treated while at plaintiff hospital was such as to bring it under §§ 7112, 7113. That the said Idella Allen at the time of her admittance was making her home in the town of St. Johnsbury.

The defendant has briefed exceptions to the admission of certain evidence and to certain of the findings. These exceptions are not here available to the defendant as all of the evidence admitted, whether properly or improperly, was merged in the court's findings and the failure to except to the findings waives the exceptions to the admission of the evidence and such exceptions cannot cure the failure to except to the findings based thereon. Town of Randolph v. City of Barre, 116 Vt. 557, 559, 80 A.2d 537. True it is that case was one from a county court sitting without a jury while the present one is from a municipal court so sitting but it is shown in the Randolph case that the same rule should apply in each court. It is also true that in the present case it is stated in the bill of exceptions that the defendant was allowed an exception to each finding. Since no particular finding was pointed out, and no particular fault is indicated, the exception is too general to be available. Turner v. Bragg, 113 Vt. 393, 401, 35 A.2d 356; Campbell v. Ryan, 112 Vt. 238, 240, 22 A.2d 502; Bemis v. Aldrich, 102 Vt. 277, 278, 147 A. 693.

In considering the exception to the judgment the only question before us is whether the judgment is supported by the facts found. Duchaine v. Zaetz, 114 Vt. 274, 276, 44 A.2d 165, and cases cited.

V.S.1947, § 7112 which is the only statute here material reads as follows: 'If a transient person dies, is injured, suddenly taken sick, lame, or is otherwise disabled and confined to any house or hospital in a town, and is in need of relief, the person at whose house or hospital he is shall be at the expense of relieving and supporting such person, until notice of the situation of such person is given to the overseer of the poor of the town, or, in case such transient person is confined in a hospital in a town other than the town from which he came to enter such hospital, until such notice is given to the overseer of the latter town, after which the overseer of the town so notified shall provide for the support of such person.'

The defendant says that three essential facts necessary to the right of recovery under the statute do not appear in the findings. It lists these facts as (1) That the alleged transient was in need of relief; (2) The town from which she came prior to admission to the plaintiff hospital and (3) That such transient suddenly became sick, or lame or disabled.

We must assume in favor of the judgment that the trial court inferred such facts from the other facts certified as it ought to have done, or might fairly have done. Longchamp v. Conti, 115 Vt. 492, 493, 66 A.2d 1; Labor v. Carpenter, 102 Vt. 418, 422, 148 A. 867. We will assume in support of the judgment that the trial court inferred from the facts found any fact fairly inferable therefrom and necessary to support the judgment. Siwooganock Guaranty Sav. Bank v. Cushman, 109 Vt. 221, 245, 195 A. 260. Doubtful findings are to be so read as to support the judgment, if they reasonably may be. City of Montpelier v. Town of Calais, 114 Vt. 5, 8, 39 A.2d 350.

With the above rules in mind we will test the claimed deficiencies in the findings above noted.

The defendant intimates in its brief that in spite of what was said in the opinion in the case of St. Albans Hospital v. City of St. Albans, 107 Vt. 59, 176 A. 302, 303, as to the meaning of the words 'in need of relief' in P.L. 3926 now, as far as material on this question, V.S.1947, § 7112...