Kansas City v. Baird
Missouri Court of Appeals
Appeal from Jackson Criminal Court. — lion. Jno. W. Wofford, Judge. (1) There is no proof (a) that appellant was a “physician,” nor (b) that she did “prescribe for or treat” the child, nor (c) that she had “knowledge” that the patient had diphtheria. Hence, her demurrer to the evidence should have been sustained. (2) The appellant was not a physician. R. S. 1899, sec. 8515; Bouv. Law Diet., tit. Physician; Wheeler v. Sawyer (Me.), 15 Atl.
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Appeal from Jackson Criminal Court. — lion. Jno. W. Wofford, Judge. (1) There is no proof (a) that appellant was a “physician,” nor (b) that she did “prescribe for or treat” the child, nor (c) that she had “knowledge” that the patient had diphtheria. Hence, her demurrer to the evidence should have been sustained. (2) The appellant was not a physician. R. S. 1899, sec. 8515; Bouv. Law Diet., tit. Physician; Wheeler v. Sawyer (Me.), 15 Atl. Rep. 67; Smith v. Lane (N. Y.), 24 Hun. 632; State v. Mylod (R. I.), 40 Atl. Rep. 753. (1) The appellant, Amanda J. Baird, is a physician. R. S. 1899, sec.…
1Opinion of the CourtEllison, J.
The defendant was charged with the violation of an ordinance of Kansas City reading as follows:
“Section 95. Every physician who shall prescribe for or treat any case of scarlet fever, measles, diphtheria, smallpox, or any disease of a pestilent or epidemic nature, shall immediately, on receiving knowledge that the person or persons are afflicted with any of the said diseases, report the same to the board of 'health, and any physician who shall fail, neglect or refuse to so report to the board of health the existence of any case as provided -in the section, shall be deemed guilty of a…
2Cases cited4 opinions
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- State v. BuswellNebraska Supreme Court · 1894
- Bibber v. SimpsonSupreme Judicial Court of Maine · 1871
- State v. MylodSupreme Court of Rhode Island · 1898
3Cited by3 opinions
- State v. HeathSupreme Court of Iowa · 1904
- State v. BlumenthalMissouri Court of Appeals · 1910
- Ago, Florida Attorney General Reports1976