Bates v. City of Houston

• Citation: 37 S.W. 383
• Parties: BATES v. CITY OF HOUSTON.<SMALL><SUP>1</SUP></SMALL>
• Decision Date: 17 September 1896
• Court: Court of Appeals of Texas

37 S.W. 383

BATES v. CITY OF HOUSTON.¹

Court of Civil Appeals of Texas.

September 17, 1896.

Appeal from district court, Harris county; S. H. Brashear, Judge.

Action by James Bates against the city of Houston to recover damages alleged to have been sustained by reason of the acts of defendant's health physician in quarantining plaintiff's family because they were supposed to be afflicted with smallpox. From a judgment in favor of defendant, rendered on failure of plaintiff to plead further after demurrer to the petition was sustained, plaintiff appeals. Affirmed.

John A. Kirlicks and Henry F. Fisher, for appellant.

GARRETT, C. J.

Appellant brought an action against the city of Houston to recover damages for alleged injuries done to him by George W. Larendon as health officer of said city. The petition averred: That the appellee was a voluntary municipal corporation of the state of Texas, with power to take charge of and care for persons afflicted with smallpox, and had selected and appointed said Larendon its city health officer and agent to act in behalf of the city as its agent in all matters pertaining to said disease and the isolation, arrest, detention, and quarantine of any persons afflicted with said disease, or supposed to be so afflicted. That G. W. Larendon, the officer and agent of the defendant corporation, illegally, arbitrarily, and wrongfully invaded the premises and home of appellant in his said capacity, and did surround and isolate said home in the city of Houston, about May 3, 1893, and place a guard around appellant's home, preventing all egress and ingress for a period of about five days; and appellant was thus not permitted to perform his daily and accustomed work, nor permitted to go from said premises to his accustomed calling; and that his teams and wagons, through which he earned a livelihood, were also kept inclosed upon, his said premises, and in an enforced idleness, also to his great damage. That it was untrue that any cause or reason existed for such duress, either as against appellant or any member of his family or teams; that not one on his premises was afflicted with smallpox, and that the acts of said health officer in that behalf were without foundation, and made with disregard of appellant's rights. That appellant, during such confinement, was not allowed to purchase necessary food for the sustenance of his wife and children. That he suffered privation, hardship, and hunger by reason of said confinement and quarantine, and that by the reason of the odium, scandal, and repute of having been afflicted with the loathsome disease of smallpox, so brought about by said wrongful, illegal, and unauthorized confinement, prevented his minor children, whose earnings he was entitled to, from securing employment or earning money, to his further damage; and also preventing appellant from earning money through his teams, as the general public, and his customers in particular, were afraid to come in contact with him and his team, and refused him employment, to his further great damage. A general demurrer to the petition was sustained by the court below, and, the appellant having declined to amend, judgment was rendered in behalf of the city.

Under its charter, the city of Houston had power to appoint persons who, with the mayor, should constitute a board of health, and to appoint a health physician and health inspectors. The powers conferred upon the city council were ample...