County Commissioners of Pueblo County v. Marshall
County Commissioners of Pueblo County v. Marshall
Opinion of the Court
We do not think the objection that the appellees could not maintain a joint action for the services rendered by them at the post-mortem examination is well taken. It is sufficiently evident that the parties to the employment treated it as a joint employment, and there was nothing in the character of the services rendered which prevented them from so considering and treating it. The coroner allowed them jointly $100, and the fact that this joint allowance was based by him on an estimate of $60 to each is not conclusive against a joint employment. We think it would be extremely technical to reverse the judgment of the court below upon this ground, and compel the parties to relitigate the subject-matter of this suit in two separate actions.
One of the objections to the sufficiency of the. evidence questions the validity of the claim of appellees against the county, upon the ground that the evidence fails to show that the jury, upon the inquest, deemed it requisite to summon physicians to make an examination; and in support of this objection appellants urge that, under the provisions of section 629, General Statutes, the power of the coroner to bind the county for the services of physi
The foregoing are all the assignments that need be noticed. The judgment of the court below is affirmed.
Affmned.
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