Appeal
from Sac Circuit Court.
THE
plaintiff, a practicing physician, brings this action to
recover of the defendant one hundred and four dollars and
fifty cents, 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.
REVERSED.
OPINION
DAY, J.
The
plaintiff commenced professionally treating and furnishing
medicines for Mrs. Johnson, who was an indigent person, on
the 3rd day of November, 1880, and continued to do so until
the 4th day of Jan., 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 8th or 9th of November, verbally
authorized the plaintiff to furnish her such medicines 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 8th and
adjourned on the afternoon of the 9th day of November. The
township trustees did not report their action to the board of
supervisors, and they made no order in the premises.
I.
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 ceases, 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 persons 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."
"Sec.
1368. If any poor person, on application to the trustees, is
refused the required relief, he may apply to the board of
supervisors, who, on examination into the matter, may direct
the trustees to afford relief, or they may direct specific
relief."
It is
clear from the provisions of these sections that application
for aid must first be made to and passed upon by the...
