Moody v. Wickersham

Citations

• 111 Kan. 770
• 207 P. 847
• 24 A.L.R. 794
• 1922 Kan. LEXIS 344

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — Damages for Inhumane Treatment of Smallpox Patient — Amended Petitions — Statute of Limitations. The second, amended petition, filed in time, made the defendant a party and charged him substantially as the third amended petition did. Held, that although such third amended petition was not filed till more than two years after the injury complained of, it was a mere elimination of other parties defendant and did not materially change the charge against the remaining defendant, and hence the action was not barred.</p> <p>2. Same — Inhumane Treatment of Smallpox Patient by Health Officer — Personal Liability for Damages. The defendant, a local health officer, in quarantining a patient whom a physician had pronounced suffering from smallpox was acting in a ministerial and not a judicial or quasi-judicial capacity, and was liable for damages caused such patient by his treatment.</p> <p>3. Same — No Error in Record of Trial. The record furnishes no showing of material error touching instructions refused or given, in the conduct of the court, or in reaching the verdict.</p> <p>4. Same — Actual Damages Shown — Punitive Damages Recoverable. Actual damages were shown and punitive damages were properly awarded.</p> <p>5. Same — Quarantining Patients — Duty of Public Officers. Health officers in quarantining patients in time of smallpox or other epidemics, must act in a reasonably humane and considerate manner.</p>