1 S.D. 131 | S.D. | 1890
The defendant and appellant appeals from a judgment rendered against it and in favor of plaintiff, reversing a decision of the board of county commissioners of Clark county, disallowing plaintiff’s claim for the expenses incurred by the plaintiff for relief furnished one Luther, who had a legal settlement in defendant county. The facts as found by the referee, to whom the case was referred, are in substance as follows: That on the 13th day of December. 1884, one Charles Luther, a resident of Clark county, and then temporarily residing in Hamlin county, fell from the roof of a building upon which he was at work, breaking his leg, and receiving other injuries; that on the day following complaint was made to O. C. Swift, chairman of the board of county commissioners of Hamlin county, that said Luther was lying in said county sick and in distress, without friends or money, and that he was not a resident of said county; that said Swift examined said case,
The appellant has assigned numerous errors, but the view we take of the case only renders it necessary to consider one, and that is as follows: “The court erred in giving judgment against the defendant in this action, for that, even though all the findings of fact are true, the plaintiff is not entitled to judgment herein.” The question, therefore, presented for our determination is, is Clark county legally liable, for the relief so furnished to the man Luther, to Hamlin county, in the absence of any express provision of the Compiled Laws creating such liability? It is contended by the learned counsel for appellant that no right of action existed at common law, .by one munici
It will be observed from an examination of these sections that it is made the duty of the county — ;first, to relieve and support all poor and indigent persons lawfully settled therein; second, to relieve, temporarily, poor and indigent persons, not lawfully settled therein, but who stand in need of aid therein; third, to grant temporary relief to persons not inhabitants of the county, lying sick or in distress therein, without friends or money; and, fourth, that authority is given the county to remove, on proper proceedings taken, poor and indigent persons, liable to become a public charge, to the county in which such persons have a legal settlement. It will be further observed that in the sections cited, except Section 2161. “poor” or “poor and indigent” persons are referred to, while in the latter section the words “any person” are used as designating the persons entitled to temporary relief under that section. This latter section, therefore, seems to contemplate that persons who are not in the class designated as “poor and indigent” persons may, from accident, sickness, or other misfortune, require temporary relief in a county of which such persons may not be inhabitants. It is quite clear from the findings of the referee in this case that the man Luther was within this class, and that the temporary relief furnished him was under the provisions of the latter section. The legal duty imposed upon a county to grant temporary relief to such persons, as are designated in Section 2161, is quite as obligatory upon the county as the duty imposed of relieving all poor and indigent persons lawfully settled therein. The duty, in either case, is imposed in positive terms. The legal duty of a county to relieve and support the