81 Neb. 490 | Neb. | 1908
This action was brought by Kearney county against George W. Elsam, insane, to recover the costs and expenses paid by said county, incident to Elsam’s examination before the commissioners of insanity and to his commitment and transportation to the state hospital for the insane. A general demurrer to the petition was sustained, and, plaintiff electing to stand upon its petition, judgment of dismissal was entered. Plaintiff has appealed.
But one question is presented for determination, viz.: Is the estate of an insane person liable for the costs incident to his examination before the commissioners of insanity and the costs of commitment and transportation to the hospital for the insane? The precise question, so far as we are aware, has not been previously before this court. The items of costs sought to be recovered include the fees of the commissioners of insanity, the sheriff and the witnesses. All of these items are costs that are fixed and provided for by the statute, which requires that they shall be paid by the county. There is no provision in
In Baldwin v. Douglas County, 37 Neb. 283, this section of the statute was held to be unconstitutional, at least to the extent that it seeks to hold the relatives of insane persons liable for the support, care and maintenance of the insane persons while in the asylum. That action, however, was begun, in 1889, and was tried and judgment rendered in the district court for Douglas county prior to the enactment of this section in its present form, though the opinion in the supreme court was written long after the passage of the act. This fact seems to
This statute only authorizes the county commissioners to collect sums paid by the county in behalf of the insane person. Can the costs of his examination before the commissioners and of his commitment and transportation to the hospital for the insane properly be considered as expended in behalf of the insane person? It seems rather that the community is more interested in having the sanity of an individual determined than he is. If he be in fact insane, he is not responsible for his acts, and he may be a menace to the community and the lives of its citizens. The public is interested in having his mental status determined, and, if found insane, in having him restrained for the protection of the public. It follows that the costs expended are on behalf of the public, rather than on behalf of the individual. Again, the section provides that the certificate from the superintendent of the hospital
The conclusion reached herein is supported by the opinion of the supreme court of Iowa in the case of In re Estate of Westlake v. Scott County, 125 Ia. 314. In that case the supreme court of Iowa interpreted a statute which is almost identical with the section of our statute above quoted, and in a well-reasoned opinion held that it was not the intention of the statutory provision to render the estate of an insane person liable for the expenses incident to a legal investigation of the sanity of the person who is adjudged insane, nor the expenses of committing such person to the state hospital, nor the cost of transporting him thereto, in consequence of such commitment. We are forced to the conclusion that the estate of an insane person is not liable under this section for the costs incident to his examination on the question of his sanity and of his commitment and transportation to the hospital for the insane.
The judgment of the district court is right, and should be affirmed.
By the Court: For the reasons given in the foregoing opinion, the judgment of the district court is
Affirmed.