28 Colo. 378 | Colo. | 1901
delivered the opinion of the court.
Plaintiff seeks to maintain this action upon the ground that the services rendered and items furnished were of the reasonable value charged. On behalf of defendant it is urged that the judgment is erroneous, for the reason that plaintiff has been paid upon his account what the board “deemed just and equitable,” and having exercised its discretion in this, respect, the judgment should have been for the defendant, unless it appears that its discretionary powers in matters of this character have been abused. The testimony discloses that Koch was a resident of Mineral county; that he became sick in the county of Eio Grande, and was cared for by plaintiff. There is also testimony to the effect that the services rendered and necessaries furnished by plaintiff were of the reasonable value charged therefor in his account upon which this action is based. The board allowed him the sum of $175. It is contended by counsel for defendant, and not controverted by'counsel for plaintiff, that the right of the latter to recover is based upon the provisions of Section 3391 Mills Ann. Stats., which provides that when any person not coming within' the definition of a pauper shall fall sick in any county of this state, not having money or property to pay his board, nursing or medical attendance, that the county commissioners shall give such assistance to such person as they may deem just and necessary, and may make such allowance therefor as they shall deem just and equitable. This statute was intended to, and vests in the board a discretion to allow and pay in eases of this character what may be deemed reasonable and fair. Such discretion, as applied to public functionaries, means the power or right of acting officially according to what appears just and proper under the circumstances. 1 Bouvier, title “Discretion;” Murray v. Buell, 74 Wis., 18.
Reversed and Remanded.