Lupp v. Adams County House of Employment

Citations

• 57 Pa. Super. 394
• 1914 Pa. Super. LEXIS 210

Syllabus

<p>Constitutional law — Police power — Infectious disease — Art. II, sec. 18, of the constitution of Pennsylvania — Act of May 7, 1907, P. L. 170— Pasteur treatment.</p> <p>1. The Act of May 7,1907, P. L. 170, amending the Act of March 31, 1905, P. L. 192, and providing for medical treatment by poor districts for hydrophobia is a proper exercise of the police power of the state, and does not contravene art. Ill, sec. 18, of the constitution of Pennsylvania, relating to appropriations for charitable or benevolent purposes.</p> <p>Poor law — Medical attention — Pasteur treatment — Act of May 7,1907, P. L. 170.</p> <p>2. A father cannot recover from a poor district the cost of Pasteur treatment for his daughter, where it appears that he had taken all the steps requisite for the treatment without any application to the poor directors for medical aid and without their knowledge, consent or direction and without any emergency appearing. In such a case it is immaterial that the father after he had made all preparations for the treatment had procured another person to telephone to the attorney of the poor directors to ask whether the board would pay for the treatment.</p> <p>3. One who seeks to make himself the creditor of a poor district by voluntarily doing that which under prescribed conditions it is the duty of the poor district to do, has the burden of showing that the prescribed conditions were complied with.</p> <p>Practice, C. P. — Case stated — Facts—Evidence.</p> <p>4. It is essential that a case stated should set forth the facts which give rise to the question presented for decision, and not merely the evidence from which such facts may be inferred.</p>