Legal Opinion

Kellogg v. Inhabitants of St. George

Supreme Judicial Court of Maine

Decided May 15, 1848PublishedCited by 3 opinions

No copy of the exceptions, or instructions of the presiding Judge have come into the hands of the Reporter. The objectionable instruction, seems to be given, verbatim, in the opinion of the Court. It is necessarily assumed, to support this action, that the charge is first to be made to the town, and then charged over by the town, to the individual who receives the aid.

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No copy of the exceptions, or instructions of the presiding Judge have come into the hands of the Reporter. The objectionable instruction, seems to be given, verbatim, in the opinion of the Court. It is necessarily assumed, to support this action, that the charge is first to be made to the town, and then charged over by the town, to the individual who receives the aid. That is to say, the medical or other aid, is to be at the charge of the town, though the person be of ability, and the town is to turn round and recover it of the individual. The language of the statute, it is respectfully…

1Opinion of the Court

Wells J.

—Accompayning the directions given to the jury, they were instructed, “ that if from the evidence in the case, they were satisfied, that the plaintiff rendered the services, and attended the persons sick at Robinson’s, with the knowledge and assent of the defendants, he was entitled to recover.”

The case discloses, that the small pox had attacked the children of Robinson, dwelling in his house, under the care of their mother, and while he was at sea. Before any knowledge of the manifestation of the disease had come to the officers of the town, the plaintiff had been called to visit the…

2Cases cited1 opinion

  1. Miller v. Inhabitants of SomersetMassachusetts Supreme Judicial Court · 1817

3Cited by3 opinions

  1. Hamlin County v. Clark CountySouth Dakota Supreme Court · 1890
  2. St. Luke's Hospital Ass'n v. Grand Forks CountyNorth Dakota Supreme Court · 1898
  3. County Commissioners v. County CommissionersSupreme Court of Colorado · 1912

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