Ward v. Town of Forest Grove

• Decision Date: 26 February 1891
• Citation: 20 Or. 355,25 P. 1020
• Parties: WARD v. TOWN OF FOREST GROVE.
• Court: Oregon Supreme Court

25 P. 1020

20 Or. 355

WARD v. TOWN OF FOREST GROVE.

Supreme Court of Oregon

February 26, 1891

Appeal from circuit court, Washington county; FRANK J. TAYLOR Judge.

This is an action to recover from the defendant compensation for services as a physician, rendered by plaintiff at the request of defendant, in caring for persons afflicted with small-pox within the town. Section 32 of the act incorporating defendant, among other things, empowers the trustees "to make regulations to prevent the introduction of contagious diseases into the town; to remove persons afflicted with such diseases therefrom to suitable hospitals provided by the town for that purpose; to secure the protection of persons and property therein, and to provide for the health, cleanliness ornament, peace, and good order of the town." Section 33 provides that "the power and authority given to the board of trustees by section 32 can be exercised or enforced only by ordinance, unless otherwise expressly provided." Laws 1885, p. 427. At the trial plaintiff offered to prove and offered evidence tending to show, that at the time alleged in the complaint residents and inhabitants of the town of Forest Grove, then within its limits, were afflicted with small-pox; that such people were poor, and unable to procure necessary care or medical attention. These facts came to the knowledge of the board of trustees, who thereupon met and adopted a resolution appointing a committee and authorizing it to procure necessary medical and other assistance for the persons thus afflicted, and to make all necessary regulations to prevent the spread of the disease. The resolution was duly recorded, and the proper record thereof offered in evidence. The plaintiff then offered to show that at the request of such committee he attended the small-pox patients as a physician, and co-operated with them to prevent the spread of the disease; that such committee took charge of the house containing those afflicted, kept guards around to prevent any one going to or from the house except such persons as they permitted; ordered food for the inmates, and established quarantine regulations; that the reasonable value of the services rendered by plaintiff is $500, and were performed on the credit of the defendant, and at its request, and have not been paid. To the introduction of all this testimony defendant by its counsel objected because the authority of the committee employing plaintiff had not been conferred by ordinance, as provided in section 33 of the act incorporating defendant. The court sustained this objection, excluded the evidence, and directed a nonsuit, to which ruling plaintiff duly excepted.

(Syllabus by the Court.)

A municipal corporation, unless prohibited by its charter, is liable for the professional services of a physician in attending persons afflicted with small-pox, within its limits, employed by a committee assuming to act for it, when such services have been rendered with knowledge of its officers, and without notice that the contract of employment is not recognized as valid and binding, although the corporation has not conferred the authority in a formal manner on such committee to make the contract.

Thos. H. Tongue, for appellant.

Stott, Boise & Stott, for respondent.

BEAN J., (after stating the facts as above.)

The contention of respondent is that, while the defendant through its agents, had the right and power to employ plaintiff, yet, even if it did employ him, and upon the faith of said employment plaintiff rendered valuable services for...