Legal Opinion

Elkey v. City of Seymour

Wisconsin Supreme Court

Decided April 29, 1919PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit Judge. On February 19, 1915,.one Mrs. Henrietta Pioch,’then seventy-four years of age or more, was dangerously ill with pneumonia in the city of Seymour.

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Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit Judge. On February 19, 1915,.one Mrs. Henrietta Pioch,’then seventy-four years of age or more, was dangerously ill with pneumonia in the city of Seymour. At the express request of Dr. Finkle, chairman of the committee on poor of the common council of said city, and with the knowledge and consent of other members of that committee, the plaintiff was hired to care for and nurse Mrs. Pioch, and provide board and room, in plaintiff’s own house. The plaintiff did so nurse and care for Mrs. Pioch from that…

1Opinion of the CourtEschweiler, J.

Under the law as it stood at the time the plaintiff undertook to care for Mrs. Pioch, the defendant city was under thq provisions of the general statutes relating to the care of the poor, including sec. 1499, Stats., which reads:

“Every town shall relieve and support all poor and indigent persons lawfully settled therein whenever they shall stand in need thereof except as hereinafter provided.”

There can be no question under the evidence in this case but that Dr. Finkle, chairman of the committee of the city poor, together with other members of the committee who knew of and acquiesced in his…

2Cases cited5 opinions

  1. T. W. Stevenson Co. v. PetersonWisconsin Supreme Court · 1916
  2. Coffeen v. Town of PrebleWisconsin Supreme Court · 1910
  3. Town of Dakota v. Town of WinneconneWisconsin Supreme Court · 1882
  4. Beach v. Town of NeenahWisconsin Supreme Court · 1895
  5. Hittner v. Outagamie CountyWisconsin Supreme Court · 1905

3Cited by2 opinions

  1. Durkey v. ArndtDistrict Court, E.D. Wisconsin · 1942
  2. Lutz v. DunnWisconsin Supreme Court · 1926

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