Roane v. Hutchinson County
South Dakota Supreme Court
Appeal from Circuit Court, Hutchinson County. Hon. Robert B. Tripp, Judge. Action by James Roane, against Hutchinson County, to recover .for medical services performed in relief of certain indigent sick. From an order overruling a demurrer to -the complaint, defendant appeals.
Read the full summary
Appeal from Circuit Court, Hutchinson County. Hon. Robert B. Tripp, Judge. Action by James Roane, against Hutchinson County, to recover .for medical services performed in relief of certain indigent sick. From an order overruling a demurrer to -the complaint, defendant appeals. (1) To (point one of the opinion, Appellant cited: M'oon v. Board, 97 Ind. 176; H'aml'in County v. Clark County, 1 S. D. 131, 43 N. W. 329; Miller v. Somerset, 14 Mass. 396; Kiifctredge v. Newbury, 14 Mass. 448. (2) To point two of the opinion, Appellant cited: Hamlin County v. Clark County, 1 S. D. 131, 43 N. W. 329;…
1Concurrence
WHITING, P. J., and GATES J.
(iconcuring specially). As we re'ad the majority opinion, it holds', that, regardless of the apparent necessity off removal to Yankton .county, regardless of 'any imminent or actual- danger to the patient’s life that might result from delay, and .regardless off neglect or refusal to act on the part off ithie overseer or overseers off the-poor, ai surgeon giving aid to -one whoi is unable to pay for such services oaJnnot recover of ¡the county wherein he lay injured.
With poisisibly one -exception (Maine) -the courts recognize a fact which every humane people should-…
2Cases cited10 opinions
- Hamlin County v. Clark CountySouth Dakota Supreme Court · 1890
- Newcomer v. Jefferson TownshipIndiana Supreme Court · 1914
- Robbins v. Town of HomerSupreme Court of Minnesota · 1905
- Board of County Commissioners v. DenebrinkWyoming Supreme Court · 1907
- Cerro Gordo County v. Boone CountySupreme Court of Iowa · 1911
5 more not listed; retrieve them via the Exa API.