Hawaii Supreme Court, 1901

Grace v. Territory of Hawaii

Grace v. Territory of Hawaii
Hawaii Supreme Court · Decided July 5, 1901 · Frear, Galbraith, Perry
13 Haw. 465; 1901 Haw. LEXIS 42
Grace v. Territory of Hawaii

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

OPINION OF THE COURT BY

FREAR, C.J.

This is a submission without action on the following agreed facts:

In February, 1901, a policeman at Hilo, Hawaii, without authority, justification or extenuation by law, shot and wounded a private citizen. It immediately became necessary to extract the bullet from the wounded man. The Sheriff of Hawaii requested the plaintiff, who was a licensed physician and surgeon practicing in Hilo-, to perform the operation, promising him reasonable compensation for the service by the department of' the Attorney-General. The plaintiff performed the service im a skillful manner and rendered a bill therefor to the said department. The question is whether the Territory is liable.

In our opinion the Sheriff was without authority to bind the-Territory to pay for an operation upon a private citizen made-*466necessary by an unauthorized act of a policeman. Judgment for tbe defendant.

Tbe plaintiff in person. Attorney-Qmeral E. P. Dole for tbe defendant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.