Mansfield v. Sac Cnty.

• Decision Date: 05 December 1882
• Citation: 60 Iowa 11,14 N.W. 73
• Parties: MANSFIELD v. SAC COUNTY.
• Court: Iowa Supreme Court

60 Iowa 11

14 N.W. 73

MANSFIELD

v.SAC COUNTY.

Supreme Court of Iowa.

Filed December 5, 1882.

Appeal from Sac circuit court.

The plaintiff, a practicing physician, brings this action to recover of the defendant $104.50, on account of medical attendance and medicines furnished Mrs. Johnson, a poor person. The cause was tried to a jury and verdict was returned for the defendant. The plaintiff appeals. The material facts are stated in the opinion.Chas. D. Goldsmith and Wright, Cummins & Wright, for appellant.

Lot Thomas, for appellee.

DAY, J.

The plaintiff commenced professionally treating and furnishing medicines for Mrs. Johnson, who was an indigent person, on the third day of November, 1880, and continued to do so until the fourth day of January, 1881; the medical attention amounting to $83, and the medicines to $21.20. Mrs. Johnson informed the plaintiff that she was not able to pay him for his services, and he reported her case to two of the township trustees. These trustees on the eighth or ninth of November, verbally authorized the plaintiff to furnish her such medicine and attention as she needed. This action was reported to the other township trustee the next day and he approved thereof. The board of supervisors met on the eighth and adjourned on the afternoon of the ninth day of November. The township trustees did not report their action to the board of supervisors, and they made no order in the premises.

1. The court instructed the jury as follows: “(7) The trustees are authorized to furnish only temporary aid to poor persons, and must forthwith report the case to the board of supervisors, who may continue or deny relief, as they find cause, and if the board of supervisors fail or refuse to continue such relief after the trustees could have reasonably reported the case to them, the employment of the trustees ceased, and for any aid furnished thereafter the county will not be held. (8) If in this action you find that the trustees of Jackson township employed the plaintiff to render aid to such poor person, such employment could extend only from the time of such employment to the first meeting of the board of supervisors, when the case could be reported to them. Such employment would then cease, and the defendant cannot be held for the payment of any aid furnished by him thereafter, unless authorized thereto by the board of supervisors; or if the board of supervisors were in session at the time application was made to the said trustees for aid by said poor persons, if such application was made, and if the said application could have reasonably been reported to the defendant's board of supervisors, while then in session, the power of the trustees to render said aid will be confined to such time only as would be required with reasonable diligence to report the case to the board of supervisors, and for them to take action thereon.”

The appellant assigns the giving of these instructions as error. The provisions of the Code upon the subject are as follows:

“Sec. 1364. The trustees in each township, in counties where there is no poor-house, 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.

Sec. 1365. 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 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.

Sec. 1366. 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 are to be paid out of the county treasury.”

“S. 1368. If any poor person, on application to the trustees, is refused the required...