Beeks v. Dickinson County
Supreme Court of Iowa
Appeal from Dickinson District Court.— Hon. W. B. Quarton, Judge. The plaintiff and his family were quarantined thirty days by the local board of health of one of the townships in Dickinson county because of a supposed case of smallpox in the family.
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Appeal from Dickinson District Court.— Hon. W. B. Quarton, Judge. The plaintiff and his family were quarantined thirty days by the local board of health of one of the townships in Dickinson county because of a supposed case of smallpox in the family. There was in fact no contagious disease in the family, and the plaintiff brings this suit to recover of the county, and of the individual members of the local board of health of the township, damages which he alleges he has sufferred on account of the quarantine. A demurrer to the petition and its amendments was sustained, and a judgment rendered…
1Opinion of the Court
Sherwin, J.—
1. Contagious géncts-ÉÍi5>mw of county. It is the settled law of this state, as well as the general rule, that municipal corporations are not liable for the negligence of their officers or agents in executing health regulations adopted for'the purpose of ° x x x Preventi-Qg the spread of contagious diseases. jn g0 f ar as a municipality undertakes ■ the duty of making and enforcing quarantine regulations and other laws for the promotion of the public health, it is performing governmental functions, / and its officers are not *246agents for whose action or inaction it is liable unless…
2Cases cited8 opinions
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Calwell v. City of BooneSupreme Court of Iowa · 1879
- Lowe v. ConroyWisconsin Supreme Court · 1904
- Packard v. VoltzSupreme Court of Iowa · 1895
- McCord v. HighSupreme Court of Iowa · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Roerig v. HoughtonSupreme Court of Minnesota · 1919
- Cousins v. County of ButlerSuperior Court of Pennsylvania · 1919
- Valentine v. City of EnglewoodSupreme Court of New Jersey · 1908
- Hibbs v. Independent School DistrictSupreme Court of Iowa · 1933
- Gottschalck v. ShepperdNorth Dakota Supreme Court · 1935
9 more not listed; retrieve them via the Exa API.