153 Iowa 92 | Iowa | 1911
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, section 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
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, section 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.
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 bo verified by affidavit. Code, section 2221.
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, section 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, section 2235.
The board of supervisor's 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 requisito ■ orders to that effect, and shall require all such contractors to give bonds in such sums as it believes sufficient to secure the faithful performance of the same. Code, section 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, section 2252.
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 got off. A busman took me up to a restaurant. I got some supper there. After supper I walked on the street thinking to see the marshal, and, not seeing him, I went to a livery barn. My feet were very painful at this time, and I was more unwell than I was in the afternoon. At the livery barn the proprietor permitted me to sleep in the office. The next morning I saw Mr. Corbin, the marshal. . . . The livery man found him for me. Mr. Corbin said for me to stop there, and he would go and build a fire at the city hall, and that I could then go there and lie down. About half an hour after that I walked over to the city hall. At the city hall that morning, Tuesday, about 9 o’clock, Dr. Chamberlain came to see me. My feet were very painful, and I was getting quite sick. The doctor dressed my feet. They were quite dark at that time. After that visit I did not walk any more.. My feet had
He pursued his journey through Marshalltown, and was taken off the train at Mason City, and there given attention by the public authorities.
That plaintiff lost his feet by reason of inadequate and untimely treatment a jury may well have found, but the vital and fundamental question in the case is the liability of the defendant county and the member of the board of supervisors, who is made a codefendant. In addition to what has already been set out, the following is the only testimony of plaintiff with reference to defendant Keigley’s connection with the matter:
I told Dr. Nimms I used to live in Wisconsin, that I had a brother there that I used to make my home with, but he was not living there. Q. Mr. Keigley was there ? A. Mr. Keigley and Mr. Jones. Whether they were in there at the time we had this conversation I don’t know. Q. Didn’t you tell Dr. Nimms that you wanted to go to your relation in Wisconsin ? A. He asked me if I wanted to go, and I said: ‘If I had the means to go, I would go.’ I didn’t tell him I wanted to go. My first talk with Mr. Keigley was shortly after seeing the doctor the first time. I was sitting on a chair near the window by the radiator, and he said, ‘The doctor says you must keep your feet warm,’ and he got a chair and placed it there for my feet. Q. He spoke to you kindly? A. Yes, that was when I made the remark to him that the doctor told me he would get me into a hospital, and he remarked, ‘Did he say that?’ and went out. Q. What did you say? A. I said, ‘Yes, sir,’ and he went out. Mr. Keigley was in when the doctor was looking at my feet the next day. I don’t call to mind that he made any remark in particular. That is the last time I saw Mr. Keigley.
So that we are brought at last to the controlling proposition: Is a county liable in damages for failure to fur
It is a general rule that where a governmental duty rests upon a state or any of its instrumentalities, there is absolute immunity in respect to all acts or agencies. Beeks v. Dickinson County, supra. In this case it is said:
See, also, McFadden v. Town of Jewell, 119 Iowa, 324. As supporting the same proposition, see Ogg v. Lansing, 35 Iowa, 495; Kincaid v. Hardin Co., 53 Iowa, 431; Calwell v. Boone, 51 Iowa, 687; Saunders v. Ft. Madison, 111 Iowa, 103; Lahner v. Williams, 112 Iowa, 428; Easterly v. Irwin, 99 Iowa, 696. A great number of cases announcing the same rule are to be found in 28 Cyc. pages 1305, 1306. Some cases seem to make an exception where the county undertakes to furnish relief, and in doing so negligently fails tu use proper and necessary care. Such an exception seems to bo made in Meier v. Paulus, 70 Wis. 165 (35 N. W. 301). But the contrary rule was announced in Lexington v. Batson, 118 Ky. 489 (81 S. W. 264) ; Twyman v. Frankfort, 117 Ky. 518 (78 S. W. 446, 64 L. R. A. 572) ; Richmond v. Long, 17 Grat. (Va.) 375 (94 Am. Dec. 461).
That the Wisconsin court did not intend to- depart from the general rule is manifest from a consideration of a later case reported in 92 Wis. 263 (65 N. W. 1030), under the title of Kuehn v. City of Milwaukee. Again, in the Meier case, the action was against a county poor master for his personal neglect, and it is clearly stated in the opinion that defendant was under no obligation ■ to - receive an insane patient, and could not have been held liable for failure to accept him as an inmate of a county house, but that, having received him, he was under the duty of exercising ordinary care for his safety. The question of liability for failure to exercise a governmental
We can not close, however, without suggesting that the practice of shifting foreign paupers from, one county to another does not meet with our approval, and such a policy as said in Mansfield v. Sac County, 60 Iowa, 14, is a disgrace to our civilization.
Our conclusion is that the judgment must be, and it is, affimed.