Walker v. Boone County
Supreme Court of Iowa
Appeal from Boone District Court.- — IIon. W. S. Kenyon, Judge. Action by plaintiff, a physician, to recover for'professional services rendered, as alleged, at the instance and request of the board of health of the city of Boone, situate in the defendant county. The services consisted of taking charge of a smallpox hospital, or pest house, in said city, and in giving professional care and treatment to the inmates thereof.
Read the full summary
Appeal from Boone District Court.- — IIon. W. S. Kenyon, Judge. Action by plaintiff, a physician, to recover for'professional services rendered, as alleged, at the instance and request of the board of health of the city of Boone, situate in the defendant county. The services consisted of taking charge of a smallpox hospital, or pest house, in said city, and in giving professional care and treatment to the inmates thereof. At the close of the evidence for plaintiff the court, on motion, directed a verdict in favor of defendant, and plaintiff appeals.
1Opinion of the CourtBishop, J.
That the plaintiff performed the service for which he seeks to recover in this action is not denied. Nor is there any question that his claim for services was approved by the board of health of the city of Boone, and -certified to the board of supervisors of the defendant county for payment. As expressed in the motion to direct a verdict, the liability of the county is denied upon substantially two grounds: (1) That it affirmatively appears from the evidence *6that no employment of plaintiff by the board of health to perform the services in question was ever in fact made; (2) that it is not…
2Cases cited1 opinion
- Staples v. Plymouth CountySupreme Court of Iowa · 1883
3Cited by1 opinion
- Collier v. Town of ScottWisconsin Supreme Court · 1905