The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-24
Marine Court,


Before Hon. Judge Phillips.
NoNLIABrLITY OF THE CORPORATION FOR SERVICES
RENDERED AT POLICE STATIONS.
MAY 23.-yohn Simmons dgt The Mayor Aldermen dc.
of The CIV Of Neso York-TRis action was brought to re
the value of services rendered by the plaintiff
physician, at the station house Of the sixth police
district
II was shown that the services OF the plaintiff
called for by Captain Brennan in behalf OF persons who
confined at the station house. and that the charges
made by the plaintiff reasonable and proper
The defendants claimed that the complaint should be
dismissed for the that 1t was not shown that an
appropriation had been made by the Com Council to
coy er sese services and that the Captain OF Police had
no authority to bind the defendants BY his employ ment
Of the plaintiff.
In answer TO this the plaintiff, averred that Capt Bron
The authorized agent of the defendants in this
behalf and clothed with authority neessiate to
call for the services of the plaintiff that the plaintiffs
services required In emergencies when delay might
and probably would have proved fatal The plaintiff also
commended that the defendants by having from time TO
time paid bills for similar services to other physicians
have established sort OF common lava custom-in
these cases, which had mised the plaiatn and made
the defendants liable for this claim.
Judge Phillips sad-There is dispute but that the
plaintiff has rendered services in his profession and that
his claim therefor is reasonable That he ought to be
paid BY some one is most clear but tho question am
called upon to decide the defendants legally liable
for the demand made upon them by the PLAINTIFF The
amended charter Of the city g. TO- 1897 expressly
vdes that sno expense shall be incurred by any Of the
DEPARTMENTS officers thereof, whether the object OF
expenditure shall have been ordered by the Common
Council not unless an appropriation shall have been
previously made concerning such expense" There Is no
ambiguity in this language, but the prohibition is rs po-
sitive words convey It, Singular it that in
this great city, where much and expense have
been bestowed in perfecting efficient police, that no
provision has been made for medical attendance at the
various station houses II is matter Of daily occurrence
that unfortunates found the public high ways
Frustrated by exposure and disease who being
ed to the ward station require immediate medical aid.
And others the victims of violence and outrage require
prompt assistance to preserve life If this aid is to be
delayed until application can be made to the Common
Council for appropriations to meet the physicians bill
nat guch
action could be had The plaintiff has devoted his time
and talents at the call OF public officer who would
have been censured If he had not prompt med
cal aid for the unfortunates under his care and yet
that provision is made to pay for the time ant
talents thus bestowed. Notwithstanding that custom
has induced belief in the mind Of the plaintiff that thu
defendants liable to him for his reasonable charges
the position assumed by the defendants to their
empton from liability Is well TAKEN and compelled
TO dismiss the complaint with costs.