125 Ky. 809 | Ky. Ct. App. | 1907
Opinion op the Court by
Affirming.
Appellant was appointed health officer of Todd county by the county board of health. He applied to the fiscal court to fix his salary. The. court fixed it at $150 per annum. He appealed to the circuit court, where the question of the reasonableness of the salary was submitted to a jury, who returned a verdict also fixing it at $150. This appeal is prosecuted that another trial may be had because of certain alleged errors in the last trial.
The statute makes the compensation of members of the county board of health and the county health officer payable out of the county treasury, and requires the fiscal court to fix the compensation of these officials. Stephens v. Allen, 44 S. W. 386, 19 Ky. Law Rep., 1707; Walker v. County, 65 S. W. 15, 23 Ky. Law Rep. 1267; sections 2055, 2060, Ky. Stats. 1903. The county board of health of Todd county met on October 10, 1904, and elected appellant health officer of the county In December following the board again met, and adopted a resolution prescribing certain rules governing the treatment of con
The jury, during their deliberations, asked the court whether the health officer was required to treat all contagious diseases in the county, or whether the fiscal court might also employ competent physicians to treat its indigent citizens who were so afflicted. The court did not instruct the jury on the point, and this failure is by appellant urged as reversible error. If the court had instructed the jury on this point, we think it would have been against appellant’s theory of his duties. But the court had let in all the evidence on this point, much of which was conducive to the support of appellant’s theory; so that there could have-resulted no prejudice to the substantial rights of appellant in refusing the further instruction.
Finally, it is urged that the compensation fixed
We do not feel at liberty upon this record to disturb tbe judgment, which is therefore affirmed.
Petition for rehearing by appellant overruled.