Daily Texarkana Democrat., 1894-01-15
CAUSE CELEBRE.
The Case of the City of Texarkana vs..
W. G. Spearman Finally Decided.

w. c. spearman Finally Decided.
In the State Supreme court, at Lit
tie Rock, on Saturday, the case of DIR.
w. G Spearman VS.. the city of Texar-
kama Arks., on appeal from Miller
Circuit court, was considered and de-
cided. The case has been stubbornly
contested from the lowest to the hi0h-
est court IN the state, and has gained
celebrity throughout the state, to
such an extent that full text of the
decision was given in the Little Rock
papers. AS the facts of the case are
generally known we are content to
give simply text of the Supreme
court rulings which is reported as
follows
w. C. Spearman, appellant, vs.. the
City of Texal kama, appellee-Opinion
by Mansfield j., abstract.
BY an ordinance duly passed, the
city of Texarkana established q board
of health, composed Of the mayor, the
city attorney, three aldermen and one
physician of the city.
The board was invested with all the
powers to effect the purpose of its
organization, which was declared to
be the projection Of the city against
contagious, malignant and infect
ious diseases" and the ordinance pro-
vides that all expenses incurred by the
board shall be certified to the city
council by the President and Secretary
for allowance and payment as other
claims against the city,
The appellant, practicing physic-
ian Of the city and not one of its oflic-
ers, was elected as the medical MEM
Der of the board and was directed by
the board to make personal examina-
tion of case of diphtheria said to ex-
ist in the city, and the alleged exist
ence of which had caused the closing
of the public school. lie examined
the case and made report upon it to
the board, Before rendering this ser.
vice appellant did not inform the
board that he would expect oompen-
sation. Several months after the
service was rendered he brought this
action in a justice court to recover for
services $50. The case was taxed by
appeal to the circuit court, where a
trial by jury resulted in judgment
for the city. The only ground on
which recovery by the plaintiff was
indicated by an instruction given to
jury, by defendants request, as fol-
lows; If they found that the plain
tiff was a member of the board Of
Health when he was requested by said
board to perform the service charged
in the account sued on, and that he
was q member of said board when he
performed said services, their finding
should be against him.
This instruction was objected to by
the plaintiff, who requested the court
to charge that the verdict should be
for the plaintiff if the jury found that
the board had authority to employ q
physician TO render for the city SER
vice similar to that charged for, and
that the plaintiff performed the ser
vices sued for under the boards EN-.
ployment and under its direction
This latter request was refused. These
rulings of the courts upon the two in.
structions mentioned are the grounds
relied upon to reverse the judg.
ment.
The services rendered were strictly
professional, the board had authority
to employ the appellant or any other
physician, aud the appellant is entitled
TO recover for services what he reason
ably deserves. The right to such re-
covery cannot result from any contract
to be implied from the request or di
rection of the board to render the ser.
vice. Ills claim must be grounded on
contract, created by law, in consid
GRAFTON of services shown to have ben
Gifted the city and for which il ought
therefore in justice to pay.
While il cannot be said on the yiewl
Indicated the instruction refused was ,
full and accurate statement of the law
there was positive error in giving The
instruction requested by the defend
ant, and for that error the judgment il
reversed and the cause remanded fol
anew trial--MansGeld, judge.
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