Nay v. Town of Underhill
Nay v. Town of Underhill
Opinion of the Court
The action is general assumpsit, to recover for services rendered and expense incurred by the plaintiff while acting as health officer for the defendant town under an appointment from the state board of health. At the time the plaintiff was appointed, and when he rendered the services and incurred the expense sought to be recovered, he was not a resident of the defendant town, but of an adjoining town. The services were not rendered nor the expense incurred at the defendant’s request, and no promise on the part of the defendant, or any of its officers, to pay for the services is shown. The services were rendered and the expense incurred by the plaintiff by virtue of his appointment as health officer by the state board of health, and the defendant’s liability depends upon whether the legislature has vested the state board of health with power to appoint a health officer for a town, who is not a resident of the town for which he is appointed.
Under Y. S. c. 193, it is the duty of the state board of health to appoint a health officer for each town, village and city in the State. The health officer, with the selectmen of the town, trustees or bailiffs of a village, or the aldermen of a city, shall constitute a local board of health. The health officer shall be secretary and executive officer of the local board, and shall hold office for three years, unless he resigns or is sooner removed. He shall, in connection with the other members of the board, make sanitary inspection, abate all nuisances, destroy, prevent or remove all sources of filth or causes of sickness, guard against the introduction
For the performance of these duties, the personal presence of the health officer in the town for which he is appointed is necessary; and it would seem that for their convenient and inexpensive performance, he should reside in the town for which he is appointed. He should be accessible and so situated as to be able to act with promptness and dispatch, in order to effectuate the purpose of the enactment creating the office. A resident of the town for which he is appointed would be more likely to secure healthful and sanitary conditions than a resident of a remote town, and at less expense. If the state board of health can appoint a health officer for a town, who is not a resident of the town for which he is appointed, there is no limitation upon its power in this respect, and it can appoint a resident of Newport a health officer for Bennington, and subject the town to a charge, as for ordinary professional services, in favor of the health officer for services for going from Newport to Bennington to quarantine and placard an infected building. Such has not been the construction of the statute respecting appointments and elections to local, municipal or county offices.
We are not aware of any constitutional or statutory provision that requires county offices to be filled by appointment or election from among the residents of the
Judgment reversed, and judgment for the defendant to recover its costs.
Reference
- Full Case Name
- W. S. Nay v. The Town of Underhill
- Cited By
- 1 case
- Status
- Published