Legal Opinion

Young v. County of Blackhawk

Supreme Court of Iowa

Decided June 9, 1885PublishedCited by 19 opinions

Appeal from BlachhawTe District Oourt. The plaintiff, who is a physician, seeks to recover of the defendant upon an account for medical services rendered to certain persons who were afflicted with small-pox, in the township of Union, in Blackhawk county. There was a trial by jury. "When the plaintiff had introduced his evidence, the defendant moved the court to instruct the jury that there was no evidence upon which to found a verdict for the plaintiff.

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Appeal from BlachhawTe District Oourt. The plaintiff, who is a physician, seeks to recover of the defendant upon an account for medical services rendered to certain persons who were afflicted with small-pox, in the township of Union, in Blackhawk county. There was a trial by jury. "When the plaintiff had introduced his evidence, the defendant moved the court to instruct the jury that there was no evidence upon which to found a verdict for the plaintiff. The motion was sustained, and the jury were directed to return a verdict for the defendant, which was done. Plaintiff appeals.

1Opinion of the CourtBothrock, J.

It appears from the evidence that the village of Finchford is in Union township, Blackhawk county. It is a small place, of some fifteen or twenty houses. A woman named Newell went there, and was taken sick. She was treated by Ur. Lowell, the village physician, and, after some four or five days, it was discovered that her aliment was small-pox. This was not discovered, however, until several other persons had contracted the disease, and people became alarmed and sent for the township trustees. Two of the trustees and the township clerk responded to the call, and a meeting of the citizens was…

2Cases cited5 opinions

  1. McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. Livingston v. LynchNew York Court of Chancery · 1820
  3. Herrington v. District Township of ListonSupreme Court of Iowa · 1877
  4. Rice & Son v. Plymouth CountySupreme Court of Iowa · 1876
  5. Taylor v. District Township of WayneSupreme Court of Iowa · 1868

3Cited by19 opinions

  1. Bunger Ex Rel. Bunger v. Iowa High School Athletic Ass'nSupreme Court of Iowa · 1972
  2. People ex rel. Barmore v. RobertsonIllinois Supreme Court · 1922
  3. Lemke v. MuellerSupreme Court of Iowa · 1969
  4. Kinney v. HowardSupreme Court of Iowa · 1907
  5. Modern Steel Structural Co. v. Van Buren CountySupreme Court of Iowa · 1905

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