Brock v. Jones Cnty.

Decision Date13 January 1910
Citation124 N.W. 209,145 Iowa 397
PartiesBROCK v. JONES COUNTY.
CourtIowa Supreme Court

OPINION TEXT STARTS HERE

Appeal from District Court, Jones County; F. O. Ellison, Judge.

Action to recover compensation for medical services rendered by plaintiff, who is a physician, to one Chas. Jones, who, it is claimed, was a pauper who had been injured through a fall from a circus train which was passing through defendant county. The case was tried to a jury, resulting in an instructed verdict for plaintiff, and defendant appeals. Reversed.C. J. Cash, Co. Atty., and Herrick, Cash & Rinehart, for appellant.

B. H. Miller and Remley & Remley, for appellee.

DEEMER, C. J.

Plaintiff is a physician and surgeon, living and practicing his profession at the town of Olin, in Jones county. In the year 1906 a negro by the name of Chas. Jones fell from a circus train which was passing through the state at or near the town of Olin, and as a result both his legs crushed and mangled. The injured man was without means, and may properly be said to have been a pauper. Plaintiff's attention was called to the injured man, and he immediately notified the township clerk, and asked him to call a meeting of the township trustees in order that the man might be taken care of. It is claimed that a meeting of the trustees was called, that two of the members met with the clerk, and that as a result thereof plaintiff was directed to take charge of the man and render him such services as he thought were necessary, and that they, the trustees, would certify his bill for such services to the board of supervisors of the county. The trustees found a place where the man could be kept, and plaintiff rendered the services for the value of which he sues. The man was kept and treated in Jones county for some six or seven weeks, and until his father came from Cleveland, Ohio, and took him to his home. It sufficiently appears that the injured man was a nonresident pauper, that plaintiff performed the services claimed, and that the verdict returned is not more than a fair compensation for the services rendered. Defendant claims, however, that it is not liable, for the reason that it had a contract with the Jones County Medical Society, of which plaintiff was a member, for the medical care of paupers within the county, that plaintiff's bill was never legally certified or presented to the board of supervisors, and that in no event was it liable for the services rendered by plaintiff. Many points are relied upon for a reversal; but the argument is confined to a few propositions, and to these, and these only, will we direct our attention.

The statutes material to our inquiry read as follows: “A person coming from another state, and not having become a citizen of nor having a settlement in the state, applying for relief, may be sent to the state whence he came, at the expense of the county, under an order of the district court or judge; otherwise he is to be temporarily relieved in the county where he applies.” Code, § 2225. “The township trustees of each township, subject to general rules that may be adopted by the board of supervisors, shall provide for the relief of such poor persons in their respective townships as should not, in their judgment, be sent to the county poorhouse. * * * The relief may be either in the form of food, rent or clothing, fuel and lights, medical attendance, or in money, and shall not exceed two dollars per week for each person for whom relief is thus furnished, exclusive of medical attendance. * * * When medical services are rendered by order of the trustees or overseers of the poor, no more shall be charged or paid therefor than is usually charged for like services in the neighborhood where such services are rendered.” Code, § 2230. “All moneys expended as contemplated in the two preceding sections shall be paid out of the county treasury, after the proper account rendered thereof shall have been approved by the boards of the respective counties, and in all cases the necessary appropriations therefor shall be made by the respective counties.” Code, § 2232. “The trustees in each township, in counties where there is no poorhouse, have the oversight and care of all poor persons in their township, and shall see that they receive proper care until provided for by the board of supervisors.” Code, § 2233. “The poor must make application for relief to the trustees of the township where they may be, and, if the trustees are satisfied that the applicant is in such a state of want as requires relief at the public expense, they may afford such relief, subject to the approval of the board of supervisors, as the necessities of the person require, and shall report the case forthwith to the board of supervisors, who may continue or deny relief, as they find cause. The board of supervisors may examine into all claims, including claims for medical attendance, allowed by the township trustees for the support of the poor, and, if they find the amount allowed by said trustees to be unreasonable, exorbitant or for any goods or services other than for the necessaries of life, they may reject or diminish the claim as in their judgment would be right and just, and this act shall apply to all counties in the state, whether there are poorhouses established in the same or not. This act shall apply to acts of overseers of poor in cities as well as to township trustees.” Code, § 2234. “All claims and bills for the care and support of the poor shall be certified to be correct by the proper trustees and presented to the board of supervisors, and, if they are satisfied that they are reasonable and proper, they shall be paid out of the county treasury. * * *” Code, § 2235. “The board of supervisors may make contracts with the lowest responsible bidder for furnishing any or all supplies, medical attendance or services required for the poor, for a term not exceeding one year, or it may enter into a contract with the lowest responsible bidder, through proposals opened and examined at a regular session of the board, for the support of any or all the poor of the county for one year at a time, and may make all requisite orders to that effect, and shall require all such contractors to give bonds in such sum as it believes sufficient to secure the faithful performance of the same.” Code, § 2238. “The word ‘poor’ and ‘poor person’ as used in this chapter shall be construed to mean those who have no property, exempt or otherwise, and are unable, because of physical or mental disabilities, to earn a living by labor; but this section shall not be construed to forbid aid to needy persons who have some means, when the board shall be of opinion that the same will be conducive to their welfare and the best interests of the public.” Code, § 2252. Counsel make reference to section 2570 of the Code, but, as that clearly has to do with the care of infected persons, it is not regarded as material to any issue in the case.

Defendant's real contentions on this appeal are (1) that plaintiff was never employed by the township trustees; (2) that no proper certificate of his employment was ever filed with the board of supervisors, and that the bill filed by him was not certified to by the trustees; and (3) that as it had a contract with the medical society, of which plaintiff was a member, for the care and support of the poor, plaintiff cannot recover. These matters will be considered in the order stated.

1. The testimony does not support defendant's first contention. It appears from the record that the township clerk notified the township trustees, that two of the members appeared, and with the clerk took up the matter of caring for the injured man, and it was then agreed that the trustees should provide a place for the man, and that plaintiff render such medical services as he thought were necessary, and that they would sign and approve his bills. This was a sufficient meetingof the trustees, and a sufficient basis for plaintiff's claim, unless there be something in the other defenses pleaded.

2. The certificate to plaintiff's bill was made in the year 1907, and it was in the following form:

State of Iowa, Jones County--ss.

We, the undersigned, who were the trustees of Rome Township in the county and state aforesaid, in the year 1906, do hereby certify that W. B. Brock was employed by us and that he rendered the services above described at our order and request, and we further certify that said services consisted of the amputation of both legs of one Charles Jones and after medical services rendered and that said services were and are of the value of $175.00. We further certify that services were rendered by the claimant by our official order and request.

............,

............,

............,

Trustees of Rome Township, Jones Co., Iowa.”

(The above was in typewriting in middle of paper.)

(Here was a blank space for several inches.)

We the Trustees of Rome Township recommend payment of the above bill.”

(The above was in print at bottom of page.)

“............,

D. C. Easterly,

J. L. Streeter,

Trustees.”

Easterly and Streeter were not trustees when they signed this certificate; their terms of office having expired on the 1st of January in that year. Neither did they act together nor as a board in making the certificate, for the very good reason, if for no other, that they could not so meet, as their terms of office had expired. After filing his claim, plaintiff was twice before the board of supervisors with reference thereto, and at neither of these times nor at any other did the board or any of the members thereof raise any objections to the sufficiency of the certificate of the trustees, either in form or substance. On the contrary, they bottomed their action in disallowing the claim solely upon the ground that they had a contract with the medical society for the doing of the work. This conduct is relied upon by plaintiff as a waiver of a proper certificate from the trustees as provided in ...

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