Burnham v. Lincoln County

• Decision Date: 07 December 1934
• Docket Number: 29059,29060
• Citation: 257 N.W. 491,128 Neb. 47
• Parties: FRANK A. BURNHAM, APPELLEE, v. LINCOLN COUNTY, APPELLANT. FRANK A. BURNHAM, DOING BUSINESS AS ARNOLD HOSPITAL, APPELLEE, v. LINCOLN COUNTY, APPELLANT
• Court: Nebraska Supreme Court

257 N.W. 491

128 Neb. 47

FRANK A. BURNHAM, APPELLEE, v. LINCOLN COUNTY, APPELLANT.

FRANK A. BURNHAM, DOING BUSINESS AS ARNOLD HOSPITAL, APPELLEE, v. LINCOLN COUNTY, APPELLANT

Nos. 29059, 29060

Supreme Court of Nebraska

December 7, 1934

APPEAL from the district court for Lincoln county: ISAAC J. NISLEY JUDGE. Affirmed.

AFFIRMED.

Syllabus by the Court.

In an emergency requiring an operation to save the life of a pauper, the surgeon should, if reasonably possible, attempt to communicate with the proper county authorities charged with the care of the poor, but, if the emergency demanding immediate operation be exigent, the necessary services may be rendered, and the law imposes an obligation upon the county to pay the reasonable value of such services.

Appeal from District Court, Lincoln County; Nisley, Judge.

Action by Frank A. Burnham and by Frank A. Burnham doing business as the Arnold Hospital, against Lincoln County. The actions were consolidated and tried together. From an adverse judgment defendant appeals.

Affirmed.

C. S. Beck, for appellant.

Hoagland, Carr & Hoagland, contra.

Heard before GOSS, C. J., ROSE, GOOD, EBERLY, DAY and PAINE, JJ., and LOVEL S. HASTINGS, District Judge.

OPINION

GOSS, C. J.

These two causes were consolidated and tried together in the district court. In the first Frank A. Burnham sued for $ 75 and was given a judgment for $ 60, and in the second Frank A. Burnham, doing business as Arnold Hospital, sued for $ 95 and was given a judgment for that amount.

The basis of the first cause is an operation on Bennie Hopkins and that of the second his hospitalization. Both services were rendered at Arnold, in the northwest corner of Custer county. The patient resided in the northeastern part of Lincoln county.

The patient was 16 years old. He lived with his father and other children, rent free, in a house belonging to John H. Miller. His mother was dead. The father, C. L. Hopkins, had received $ 20 a month during the summer, but was out of work. The family was aided by the Red Cross. They might be said to be destitute. The evidence shows they had no means with which to pay for the services of a physician.

C. L. Hopkins had no car. Early in the morning of November 26, 1932, he solicited Mr. Miller to take Bennie to a doctor in Arnold, and Miller's daughter took him with his father and two brothers. When Dr. Burnham examined him he had been vomiting, had a temperature of 97, a very slow pulse, a hard, rigid abdomen, and symptoms of great pain. These signs indicated a rupture of some kind of the alimentary tract and suggested an immediate operation. Dr. Dunn gave the anaesthetic. It was discovered that the abdomen was full of fluid and food particles floating free. A hole about the diameter of a lead pencil was found about an inch above the lower opening of the stomach through which the food was escaping into the abdominal cavity. There was a great deal of inflammation. Peritonitis had already set in. The opening in the stomach was closed, the abdomen was cleaned, and a rubber tube was inserted for drainage. The patient's condition was very grave. It was not known for 36 hours whether he would survive. A nurse stayed with him constantly during that period. After that he had the usual hospital attention. Pneumonia set in and lasted a week. He was in the hospital three weeks.

The claim before the county commission for the operation was $ 75 because that is the fee allowed in Custer county in such cases. The hospital claim so filed was for $ 95. Both were disallowed by the county commissioners of Lincoln county, the appeal therefrom resulting in this action. It was tried to the court, jury being waived. The district court found that Bennie Hopkins was a pauper within the meaning of the statutes and a resident of Lincoln county....