Miller v. Inhabitants of Somerset
Massachusetts Supreme Judicial Court
This was an action of assumpsit by the plaintiff, a surgeon, and an inhabitant of Franklin, in this county, for a surgical operation performed on a pauper, having his settlement in Somerset; and it was submitted to the determination of the Court upon the following facts, agreed by the parties : —
1Opinion of the CourtParker, C. J.
The difficulty in this case is, that the statute of 1793, c. 59, which alone creates the obligation on towns to support poor persons lawfully settled therein, has provided no such remedy as this action contemplates. The right of action is given only to such towns as afford the relief pursuant to their duty, as prescribed in the ninth section of that statute, and to such inhabitants as may have furnished the relief, when the overseers of the town primarily or subsequently liable shall refuse.
This is a case probably not foreseen by the legislature, where a difficult operation is to be…
2Cited by13 opinions
- Hamlin County v. Clark CountySouth Dakota Supreme Court · 1890
- Roane v. Hutchinson CountySouth Dakota Supreme Court · 1918
- Lander County v. Humboldt CountyNevada Supreme Court · 1893
- Aldrich v. Town of LondonderrySupreme Court of Vermont · 1833
- St. Luke's Hospital Ass'n v. Grand Forks CountyNorth Dakota Supreme Court · 1898
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