Gilligan v. Town of Grattan

• Decision Date: 18 December 1901
• Docket Number: 10,468
• Citation: 88 N.W. 477,63 Neb. 242
• Parties: GEORGE P. GILLIGAN v. TOWN OF GRATTAN
• Court: Nebraska Supreme Court

88 N.W. 477

63 Neb. 242

GEORGE P. GILLIGAN v. TOWN OF GRATTAN

No. 10,468

Supreme Court of Nebraska

December 18, 1901

ERROR from the district court for Holt county. Tried below before KINKAID, J. Affirmed.

AFFIRMED.

R. R Dickson, for plaintiff in error.

James J. Harrington and Michael F. Harrington, contra.

OPINION

NORVAL, C. J.

In January, 1897, William Postma, a non-resident of Holt county was injured by a passenger train on the Freemont, Elkhorn & Missouri Valley railroad in Ewing township in said county. He was brought by the railroad company to the city of O'Neill, in Grattan township, where he was taken off the cars. John P. Gilligan, a physician and surgeon, was ordered by a justice of the peace of Grattan township to render professional services to Postma at the expense of the township, which Dr. Gilligan thereupon did. This action was brought against Grattan township to recover $ 150, the value of the services rendered.

The single question presented is whether Grattan township is liable. Two statutory provisions are relied upon by plaintiff, one of which being section 22, chapter 18, article 4, Compiled Statutes, which declares that "the electors present at the annual town meeting shall have power * * * Eight, to direct the raising the money by taxation for the following purposes: * * * 5th. For the support of the poor within the town; Provided, that when the county board of any county shall have established a poorhouse under any statute law of this state, the support of the poor shall be provided for by the county board, and no taxes for that purpose shall be voted by the electors at town meetings except sufficient to provide temporary relief." This section applies to counties under township organization, under which system Holt county is governed. It requires no argument to show that this case does not fall within the provisions of the section from which the foregoing excerpt is taken. Postma was not a poor person within Grattan township. He was not a resident thereof, nor were his injuries received therein, but in another township. No county, nor any subdivision thereof, is liable for the support of the poor or medical attendance bestowed thereon unless the legislature has so authorized. "Poor within the town" means paupers whose domiciles are in the town. Postma's domicile was not in Grattan township; hence plaintiff can not invoke the provisions of said section.

Our...