Legal Opinion

City Hospital of Quincy v. Inhabitants of Milton

Massachusetts Supreme Judicial Court

Decided February 27, 1919PublishedCited by 5 opinions

Contract under R. L. c. 81, § 31, to recover $415 for hospital treatment and ether, dressings and X-ray furnished by the plaintiff to one Carlo Capelli, alleged to be a pauper in the town of Milton, the defendant. Writ dated November 11, 1916. In the Superior Court the case was heard without a jury by Dana, J., on an agreed statement of facts, containing the facts that are stated in the opinion.

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Contract under R. L. c. 81, § 31, to recover $415 for hospital treatment and ether, dressings and X-ray furnished by the plaintiff to one Carlo Capelli, alleged to be a pauper in the town of Milton, the defendant. Writ dated November 11, 1916. In the Superior Court the case was heard without a jury by Dana, J., on an agreed statement of facts, containing the facts that are stated in the opinion. The plaintiff asked the judge to rule that upon the agreed facts it was entitled to recover as a matter of law. The judge refused to make this ruling and found for the defendant. By agreement of the…

1Opinion of the CourtCrosby, J.

This is an action of contract to recover for the *274board and medical care of a pauper, furnished by the plaintiff. The case is before us on a report of a judge of the Superior Court, who declined to rule that the plaintiff was entitled to recover and found for the defendant.

The record shows that one Capelli, who had no legal settlement in this Commonwealth, was injured in the town of Milton and was taken to the plaintiff hospital in the adjoining city of Quincy; that at the time of the accident and for some time previously he resided in Milton and was employed as a laborer there by a resident…

2Cited by5 opinions

  1. Bureau of Old Age Assistance v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1950
  2. Symmes Arlington Hospital, Inc. v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1935
  3. Massachusetts General Hospital v. City of RevereMassachusetts Supreme Judicial Court · 1963
  4. City of Worcester v. Town of CharltonMassachusetts Supreme Judicial Court · 1957
  5. Butterworth Hospital v. Superintendents of PoorMichigan Supreme Court · 1931

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