Directors of the House of Employment v. Murry
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This case was originally brought before a justice of the peace by Dr. Thomas Murry against the Directors of the House of Employment of Westmoreland county, for medical attendance to three alleged paupers, Parrel, Prew, and Sullivan, without a previous order of relief. The case came into the court below by appeal.
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Error to the Common Pleas of Westmoreland county. This case was originally brought before a justice of the peace by Dr. Thomas Murry against the Directors of the House of Employment of Westmoreland county, for medical attendance to three alleged paupers, Parrel, Prew, and Sullivan, without a previous order of relief. The case came into the court below by appeal. It appeared by the evidence, that at the time the alleged services were rendered, the paupers were too ill to be removed, having been injured by accident; and that the emergencies of the cases required medical assistance before an…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
This action was assumpsit brought by the defendant in error, against the plaintiffs in error, to recover compensation for his professional services, as physician and surgeon, rendered to three several paupers. With regard to one of these, however, we understand there was an express contract and promise to pay, and hence in reference to that no question arises here. But the claim for the others is resisted on the ground of insufficient privity between these parties in respect to the transaction; that, under the circumstances, the constable…
2Cases cited4 opinions
- Overseers of South Huntingdon v. Overseers of East HuntingdonSupreme Court of Pennsylvania · 1838
- Kelly Township v. Union TownshipSupreme Court of Pennsylvania · 1843
- Directors of Poor v. WallaceSupreme Court of Pennsylvania · 1844
- Overseers of Versailles v. Overseers of MifflinSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- Temple University—of the Commonwealth System of Higher Education v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1997