Blachley v. Laba

• Citation: 18 N.W. 658,63 Iowa 22
• Parties: BLACHLEY v. LABA
• Decision Date: 18 March 1884
• Court: United States State Supreme Court of Iowa

18 N.W. 658

63 Iowa 22

BLACHLEY v. LABA

Supreme Court of Iowa, Council Bluffs

March 18, 1884

Appeal from Wayne Circuit Court.

THIS action was commenced before a justice of the peace to recover $ 32, the value of the services of plaintiff, who is a physician, in rendering "medical treatment for a girl." Judgment was rendered for defendant by the justice of the peace, but on appeal to the circuit court there was a judgment for plaintiff. Defendant appeals to this court.

REVERSED.

G Taylor Wright, for appellant.

E. L Hart, for appellee.

BECK J. ADAMS, J., dissenting.

OPINION

BECK, J.

I.

The amount in controversy in this cause being less than $ 100, it was certified by the judge of the circuit court for determination upon the following question of law:

"Is a father legally liable to a physician for the latter's services in professionally treating the adult but unmarried daughter of said father, during her last illness, where the physician was called by the daughter, she at the time living with her father as a member of his family, that being her home; the treatment being necessary and proper, and rendered with the knowledge of the father, and without any objection on the part of the latter to the physician."

II. At common law, a father is not liable for necessaries furnished an adult child. And it may be admitted, for the purposes of this case, that medical treatment is included in the term necessaries. This rule prevails, though the child be at the home of the father when the necessaries are furnished. Crane v. Baudouine, 55 N.Y. 256; Boyd v. Sappington, 4 Watts 247; Mills v. Wyman, 3 Pick. 207; Norris v. Dodge's Adm'r, 23 Ind. 190; Wood v. Gill, Coxe, (N.J.) 449.

The fact that the adult child is a member of the family of the father does not render him liable for necessaries furnished upon request of the child. The father as the head of the family is not liable for necessaries furnished its members, other than the wife and minor children. Servants, lodgers and boarders are members of the family, as well as all others who are subject to the authority of its head. See Webster's Dictionary. But for necessaries furnished none of them is the father liable. An adult son or daughter, whose home is with the father, is of this class of persons.

III. It is argued that, as an adult son or daughter who lives with the father and renders to him personal service cannot recover compensation for such services from the father, he ought to be liable for necessaries furnished to such an one. This point we are not permitted to decide, for the reason that it is not presented by the question certified to us. It is not shown therein that the daughter in this case rendered any services. Our decision must be confined to the very question of law certified, and cannot be extended to facts not contemplated in it.

IV. Counsel for plaintiff thinks that Code, § 1330, which provides that the father of a poor person, who is unable to maintain himself at work, shall be liable...