Frank v. City of St. Louis

• Decision Date: 17 October 1898
• Citation: 47 S.W. 508,145 Mo. 600
• Parties: FRANK v. CITY OF ST. LOUIS.
• Court: Missouri Supreme Court

47 S.W. 508

145 Mo. 600

FRANK v. CITY OF ST. LOUIS.

Supreme Court of Missouri, Division No. 2.

October 17, 1898.

ORDINANCES — FEES FOR SERVICES — DISCRETION OF MAYOR.

A city ordinance providing that, when a physician is called on by the coroner to conduct a post mortem examination, the mayor shall be authorized to allow such physician a fee not to exceed $25, gives the mayor a discretion, which having been exercised by refusal of allowance is conclusive.

Appeal from St. Louis circuit court.

Action by Charles A. Frank against the city of St. Louis. Judgment for defendant. Plaintiff appeals. Affirmed.

Leverett Bell, for appellant. B. Schnurmacher and Chas. Claflin Allen, for respondent.

BURGESS, J.

This is an action by plaintiff, who is a physician and surgeon, against the city of St. Louis, to recover the sum of $1,590 as compensation for services rendered by him in his professional capacity in holding a large number of post mortem examinations on dead bodies of persons in said city, at the request of its coroner, John N. Frank. The material allegations of the petition are as follows: "The plaintiff states that the defendant is, and has been since the year 1822, a municipal corporation existing under the law of Missouri, and that the plaintiff during the year 1894 and prior thereto was and is a physician and surgeon engaged in the practice of said profession in the city of St. Louis. That during the times hereinafter mentioned John N. Frank was the coroner of the city of St. Louis, duly elected to that position, and holding and exercising the duties of the office. That during all of said times there was and is in force an ordinance of the city of St. Louis, numbered 17;188, entitled `An ordinance in revision of the ordinances of the city of St. Louis, and to establish new ordinance provisions for the government of said city,' approved April 7, 1893, and that by section 100 of said ordinance it was and is provided that `when a physician or surgeon shall be called on by the coroner to conduct a post mortem examination the mayor shall be authorized to allow such physician or surgeon a fee not exceeding twenty-five dollars, which shall be paid out of the treasury in the usual manner.' That during said year the plaintiff was called on by the coroner aforesaid to conduct 159 post mortem examinations in the city of St. Louis on the following bodies and dates, to wit: * * *. That the plaintiff duly conducted said post mortem examinations in a creditable and satisfactory manner, and expended his time and knowledge therein, and that his services in the matters aforesaid were worth the sum of ten dollars for each post mortem...