
    Town of Montgomery vs. County of Le Sueur.
    December 16, 1884.
    Contagious Diseases — Action by Town against County. — TJpon a state of facts making “nurses, medical attendance, and other necessaries,” provided by a town, a proper charge in favor of said town “upon” a county, under Gen. St. 1878, c. 10, § 62, the liability and duty of the county to pay for the same, does not at all depend upon the fact that the town has paid or issued its orders for them. The fact that the town has provided them is all that is necessary to entitle it to present its claim to the county for allowance and payment.
    The plaintiff presented to the .board of county commissioners of' Le Sueur county a bill of many items of expense incurred for food,, medical attendance, etc., furnished by plaintiff’s supervisors, acting as a board of health, to 12 residents of the town who were infected with small-pox, and none of whom nor their relatives were able to pay any part of the expense incurred. The claim being disallowed by the board, the plaintiff appealed to the district court for the same-county, where the appeal was heard by Macdonald, J., who found that the town had incurred the expenses set forth in the itemized bills,, amounting to $1,332.12; that for $865.35 of this amount the town had issued its orders, which were still outstanding and unpaid; that these orders included items amounting to $13.50 which were not a legal charge against defendant, and that no part of the $1,332.12 had been paid by plaintiff. On these findings judgment was ordered and entered for plaintiff for $851.85, with interest and costs, and th& plaintiff appealed.
    
      J. W. Hammond, for appellant.
    
      Thos. Hessian, for respondent.
   Berry, J.

Section 62, chapter 10, Gen. St. 1878, enacts that when any person, residing in any town, is infected with small-pox, the board of health of such town may immediately cause him to be removed to a separate house, if it can be done without damage to his health, and shall provide for him “nurses, medical attendance, and other necessaries, which shall be a charge in favor of such town upon Ihe person so provided for, his parents, guardian, or master, if able; otherwise upon the county to which he belongs.” When, as in the present instance, the facts are such as to make the nurses, medical attendance, and other necessaries provided under this statute a proper “charge” in favor of a town “upon” a county, the liability and duty of the county to pay for the same does not at all depend upon the fact that the town has paid or issued its orders for them. The fact that the town has provided them is all that is necessary to entitle it to present its claim to the county for allowance and payment. The ■county is of course liable only for the reasonable expense or cost of the provisions made by the town in the premises. As a short road to justice, without regard to technicalities, we think it best to reverse the judgment and set aside the findings of the court, and remand the case for further proceedings in accordance with the views above expressed.

Ordered accordingly.  