Town of Pass Christian v. Washington

• Decision Date: 04 May 1903
• Citation: 81 Miss. 470,34 So. 225
• Court: Mississippi Supreme Court
• Parties: TOWN OF PASS CHRISTIAN v. JEAN J. WASHINGTON

34 So. 225

81 Miss. 470

TOWN OF PASS CHRISTIAN v. JEAN J. WASHINGTON

Supreme Court of Mississippi

May 4, 1903

October 1902

FROM the circuit of Harrison county. HON. GEORGE ANDERSON, Judge.

Washington appellee, was the plaintiff in the court below; the town of Pass Christian, appellant, was defendant there. The action was in assumpsit on quantum meruit for professional services rendered by plaintiff, a physician, to four patients who were suffering from smallpox. From a judgment for $ 1,200 in plaintiff's favor the defendant appealed to the supreme court.

In April, 1900, Dr. Washington discovered four cases of smallpox in the town, which he reported to the mayor, who directed him to take charge of them, and do everything in his power to prevent the spread of the disease. On the next day there was a meeting of the mayor and board of aldermen, and the matter was discussed. The mayor told the doctor to go ahead, and do what was necessary, and he would be paid. The board then passed the following order: "That Dr. J. J. Washington be, and is hereby, appointed health officer of the town of Pass Christian, and requested to take at once the necessary sanitary precautions for the general good of the health of the town." Dr. Washington took charge of the four cases of smallpox, isolated them, treated them for three weeks, and fumigated their bedding and clothing, and thereby, as he claimed and believed, prevented the spread of the disease.

Reversed and remanded.

Mc Willie & Thompson and Bowers, Chaffe & McDonald, for appellant.

A municipality cannot be charged for professional services rendered, or in fact, upon any contract to pay money which is not evidenced by an entry on the minutes of the municipality. The mayor cannot contract for such services, nor can an alderman do so, or any number of aldermen. The municipality must speak through its minutes. It needs no citation of authority to maintain this position. In a suit determined in this court sometime since, it was so held in respect to the liability of a county, Marion Co. v. Woulard, 77 Miss. 343; s.c., 27 So. 619.

The second instruction is erroneous because it authorizes the jury to find the defendant authorized and directed plaintiff to take charge of the smallpox cases, and to give them care and attention without reference to the minutes of the municipality, and sanctioned the idea that the plaintiff could rest his case upon testimony of verbal declarations made by the mayor.

The court below ought to have given a peremptory instruction for the defendant, and erred in not so doing. There was no order or ordinance of the municipal authorities shown upon which the pretended contract could be based.

The ordinance appointing Dr. Washington health officer requested him "to take at once the necessary sanitary precautions for the good health of the town." It cannot be said that this authorized him to treat the patients, all who might contract the disease, without reference to their own ability to pay; but, if in any sense, it authorized him to treat patients, whether paupers alone or all patients, it authorized him to do so as health officer; and we must, and the doctor should, look to the law for the compensation of health officers. This, we find in the amendment to the charter of the town in these words: "The health officer shall...