L. H. Kurtz Co. v. Polk County
L. H. Kurtz Co. v. Polk County
Opinion of the Court
The city council of Des Moines acting as a board of health, undertook to provide and furnish a detention hospital in which to seclude and care for such persons in said city as might be suffering with smallpox or other contagious diseases, and, in the performance of said work, ordered from the plaintiff company materials and repairs suitable to be used therein. Por the value of these materials and repairs plaintiff presented its claim to the city council, sitting as a board of health, which approved the same as just- and correct. Thereafter the claim so approved was duly presented to the board of supervisors as a proper charge against Polk county, but said board refused to allow it or order it paid, and this action is brought to recover thereon. No question is raised as to the propriety or necessity of providing a detention hospital, nor is it denied that the materials furnished and repairs made by plaintiff were reasonably worth the full amount claimed. The single question raised by the defense is whether said claim is properly chargeable against the county. The district court found for the plaintiff, and the defendant appeals.
It may be conceded for the purposes of this case that statutory authority must be found for the enforcement of such a claim, and that, if - there be no such authority, the judgment cannot be sustained. Without attempting to fol
The same section further provides for ascertaining the amount of expenses incurred for the care of persons, sick of contagious diseases, and apportioning such expense among the persons so served, and, in case of their inability to pay such share, the amount is to be paid in the first instance by the county, which has power to reimburse itself in part by levying a tax on the city, town or township where the expense was incurred.
It is argued for the appellant, that the intention of the statute is to assess the cost of. erecting, furnishing, and repairing pesthouses, and detention hospitals to the persons who are so unfortunate as to require treatment therein, and that no liability was intended to be imposed upon the county.
On the contrary that part of section 2570a which provides for imposing a charge upon the patients detained in hospitals, speaks solely of “ the expense incurred for the care of such persons.” Given its plainest and most obvious meaning the phrase “ expenses for the care ” of a sick person means only such expenses as pertain to attendance, nursing, board, and treatment, and certainly not to the expense of erecting and furnishing the building in which such care is furnished. If a sick person admitted to one of our city hospitals is received with the assurance that the charge against him will be limited to the expense incurred in his care while he remains an inmate, he could hardly be blamed for manifesting some surprise if, on being discharged, he finds the cost of erecting, heating, and furnishing the hospital charged up in his bill. We are not disposed to en
Reference
- Full Case Name
- L. H. Kurtz Company v. Polk County, Iowa
- Cited By
- 1 case
- Status
- Published