Wood v. Boone Cnty.

• Decision Date: 20 November 1911
• Citation: 153 Iowa 92,133 N.W. 377
• Parties: WOOD v. BOONE COUNTY ET AL.
• Court: Iowa Supreme Court

153 Iowa 92

133 N.W. 377

WOOD

v.BOONE COUNTY ET AL.

Supreme Court of Iowa.

Nov. 20, 1911.

Appeal from District Court, Story County; C. G. Lee, Judge.

Action at law to recover damages due to defendants' failure to furnish plaintiff, who was a transient poor person, proper relief. Defendant Keigley was a member of the board of supervisors of defendant county and overseer of the poor of that county. At the close of plaintiff's testimony, the trial court directed a verdict for the defendants, and plaintiff appeals. Affirmed.Fitchpatrick & McCall and Robert M. Witwer, for appellant.

Harpel & Cederquist and E. H. Addison, for appellees.

DEEMER, J.

[1] There being no legal obligation at common law upon a county or any of the instrumentalities of government to furnish relief to the poor, plaintiff's action, if he has any, must be bottomed upon some statute of the state entitling him to relief. Cooledge v. Mahaska County, 24 Iowa, 211. His counsel think they find such duty in sections 2225 and 2230 of the Code, reading as follows:

“A person coming from another state, and not having become a citizen of nor having a settlement in the state, applying for relief, may be sent to the state whence he came, at the expense of the county, under an order of the district court or judge; otherwise he is to be temporarily relieved in the county where he applies.” Code, § 2225.

“The township trustees of each township, subject to general rules that may be adopted by the board of supervisors, shall provide for the relief of such poor persons in their respective townships as should not, in their judgment, be sent to the county home. But where a city is embraced, in whole or in part, within the limits of any township, the board of supervisors may appoint an overseer of the poor, who shall have within said city, or part thereof, all the powers and duties conferred by this chapter on the township trustees. The relief may be either in the form of food, rent or clothing, fuel and lights, medical attendance, or in money, and shall not exceed two dollars per week for each person for whom relief is thus furnished, exclusive of medical attendance. They may require any able-bodied person to labor faithfully on the streets or highways at the rate of five cents per hour in payment for and as a condition of granting relief; said labor shall be performed under the direction of the officers having charge of working streets and highways. When medical services are rendered by order of the trustees or overseers of the poor, no more shall be charged or paid therefor than is usually charged for like services in the neighborhood where such services are rendered. No supervisors, trustee or overseer shall be directly or indirectly interested in any supplies furnished the poor.” Code, § 2230.

“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, subject to the approval of the board of supervisors, 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. The board of supervisors may examine into all claims, including claims for medical attendance, allowed by the township trustees for the support of the poor, and, if they find the amount allowed by said trustees to be unreasonable, exorbitant or for any goods or services other than for the necessaries of life, they may reject or diminish the claim as in their judgment would be right and just and this act shall apply to all counties in the state, whether there are county homes established in the same or not. This act shall apply to acts of overseers of poor in cities as well as to township trustees.” Code, § 2234.

In addition to these sections, we quote the following as having some bearing upon the case:

“Persons coming into the state, or going from one county to another, who are county charges or are likely to become such, may be prevented from acquiring a settlement by the authorities of the county, township or city in which such persons are found warning them to depart therefrom. After such warning, such persons cannot acquire a settlement except by the requisite residence of one year without further warning.” Code, § 2226.

“Such warning shall be in writing, and may be served upon the order of the trustees of the township, or of the board of supervisors, by any person; and such person shall make a return of his doings thereon to the board of supervisors, which, if not made by a sworn officer, must be verified by affidavit.” Code, § 2227.

“The trustees in each township, in counties where there is no county home, 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.” Code, § 2233.

“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 shall be paid out of the county treasury. In no case shall a trustee, or either of the trustees, nor overseer of the poor, draw an order upon himself, or upon either of the board for supplies for the poor, except such trustees or overseer has a contract to furnish said supplies.” Code, § 2235.

“The board of supervisors may make contracts with the lowest responsible bidder for furnishing any or all supplies, medical attendance or services required for the poor, for a term not exceeding one year, or it may enter into a contract with the lowest responsible bidder, through proposals opened and examined at a regular session of the board, for the support of any or all the poor of the county for one year at a time, and may make any requisite orders to that effect, and shall require all such contractors to give bonds in such sum as it believes sufficient to secure the faithful performance of the same.” Code, § 2238.

“The word ‘poor’ and ‘poor person’ as used in this chapter shall be construed to mean those who have no property, exempt or otherwise, and are unable, because of physical or mental disabilities, to earn a living by labor; but this section shall not be construed to forbid aid to needy persons who have some means, when the board shall be of opinion that the same will be conducive to their welfare and the best interests of the public.” Code, § 2252.

Now the charge in the petition is, in substance, that plaintiff was a foreign pauper; that he came into defendant county about January 25, 1908, with badly frozen feet which needed medical attention; that defendant Keigley was a member of the board of supervisors of defendant county, and a committee on and the overseer of the poor; that plaintiff made application to the defendant through its proper officers for relief, and that defendant undertook to furnish him some relief, but that, after undertaking the same, it negligently, wrongfully, and unlawfully withheld adequate or proper treatment, and on the 27th day of January “expelled plaintiff from Boone county,” subjecting him to exposure, and depriving him of proper care until he reached Cerro Gordo county on the 29th day of January, where he was received and taken care of by the proper county authorities. He claims that by reason of the negligent and wrongful conduct of the defendant county, and its agent, Keigley, he lost both feet, and suffered great mental and bodily pain. The testimony shows that plaintiff arrived in the city of Boone at the time alleged; that his feet were frozen; that he went to the police station in Boone, and asked the chief of police where he could find a doctor. To this the chief responded that he would see. The mayor of the city was also present, and, after some cross-examination of plaintiff by these officials, plaintiff said to them that he was short of money, and needed a doctor. The police officer told plaintiff he would give him a night's lodging, and accordingly housed him in the police station during the night. When plaintiff arose in the morning, he made inquiry as to the doctor, and the chief of police said he would see about it. About 11 a. m. plaintiff was taken to the office of the county physician, and there examined and given some treatment. The doctor then said to him that he would have to get him into a hospital. After plaintiff's return to the police station after seeing the doctor, he first met defendant Keigley, and he testified to the following conversation with him, Keigley: “He told me that the doctor said for me to keep my feet warm. He placed a chair for me to put my feet on near the radiator, and I made the remark to Keigley that the doctor said he would get me in the hospital. Mr. Keigley said, ‘Did he say that?’ and turned, and went out of the station.” The doctor saw plaintiff on Sunday morning, and on Monday morning he again visited plaintiff, at his, plaintiff's request, in company with defendant Keigley and the chief of police. The doctor dressed plaintiff's feet in the presence of the others, and remarked that they were looking good. At this time the doctor asked plaintiff where he lived, and was informed that he used to live in Wisconsin. He was then asked if he wanted to go there, and, in response, said that, if he had the means to go, he would like to. The doctor then said he would talk with defendant Keigley about it. On Monday afternoon the chief of police came to plaintiff, and said, “We are going to send you away on the 5:30 train.” Making no protest, he started to walk to the depot, but was finally taken in a buggy by the chief to the railway depot, and given a ticket to Nevada, Story county, just as the train was about to start. When he arrived at Nevada, the following occurred: “The train reached Nevada about 6 o'clock, where I...