Gould v. Keller
South Dakota Supreme Court
Appeal from Circuit Court, Minnehalia County. Hon. Joseph W. JONES, Judge. Application by E. L. Gould for a writ of mandamus against W. E. Keller, as Health Officer in and for the City of Sioux Falls, to compel respondent to remove from relator’s house a smallpox patient. From an order denying the writ, Relator appeals.
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Appeal from Circuit Court, Minnehalia County. Hon. Joseph W. JONES, Judge. Application by E. L. Gould for a writ of mandamus against W. E. Keller, as Health Officer in and for the City of Sioux Falls, to compel respondent to remove from relator’s house a smallpox patient. From an order denying the writ, Relator appeals. Appellant submitted that: Under the section of this ordinance it is defendant’s duty to provide a pest house, or see that one is provided by the Board of Health, and it is his own failure of a duty imposed upon him that he sets up as a defense. When the law imposes a duty upon…
1Opinion of the CourtWhiting, J.
Plaintiff, a resident of Sioux Falls, sought a writ of mandamus to compel respondent, the health officer of said city, to remove a smallpox patient from relator’s home “to the pesthouse or city hospital, or some other safe and proper place.” The circuit court refused the writ, and relator appealed.
An ordinance of said city provided, among other things, as follows:
*255“Sec, 45. (Visitation of Sick — Infectious Disease.) It shall be the further duty of the health officer to visit and examine all sick persons who shall be reported to him as being sick or supposed to be sick with any infectious or…
2Cases cited2 opinions
- State ex rel. Redenius v. WaggensonWisconsin Supreme Court · 1909
- Board of Commissioners v. State ex rel. WelchSupreme Court of Kansas · 1889
3Cited by1 opinion
- Calmenson Clothing Co. v. KrugerSouth Dakota Supreme Court · 1938