MITCHELL vs. TALLAPOOSA COUNTY

MITCHELL vs. TALLAPOOSA COUNTY. [ACTION FOR MEDICAL SERVICES RENDERED TO PRISONERS.] 1. Liability of county for medical set-vices rendered to prisoners. — The county is not liable for medical services, rendered at the request of the sheriff, to prisoners confined in the county jail, who are shown to he insolvent; nor for such services rendered to a slave, charged with the murder of his master, although it is shown that such Services were necessary to his life andhealth, and that the relatives of his deceased master refused to procure medical aid for him. Appeal from tbe Circuit Court of Tallapoosa. Tried before tbe Hon. JNO. Gill Shoetee. This action was brought by tbe appellant, to recover of tbe county tbe amount of an account for medicines furnished and services rendered by him, as a physician, at tbe request of tbe sheriff, to certain prisoners confined in tbe county jail. Tbe plaintiff proved, that tbe white prisoners, to whom be administered medicines, were sick, and required medical attendance, and were wholly insolvent;'that a slave named Bich, on whom be also attended, was confined in jail on a charge of having murdered bis late master, and that tbe relatives of bis deceased master, who were bis prosecutors, refused to procure medical aid for him. He also proved tbe reasonableness of tbe charges contained in tbe account, tbe presentation of tbe account to tbe court of county commissioners, within tbe time required by law for tbe presentation of claims against tbe county, and their refusal to pay it. Tbe court charged tbe jury, on these facts, that tbe plaintiff was not entitled to recover ; to which charge tbe plaintiff excepted, and which be now assigns as error. Ym. H. BaeNes, for tbe appellant. [MAJORITY — BICE, C. J.] BICE, C. J. Tbe Code makes provision for tbe support of prisoners confined in jail; but we have not been able to find any law, which fixes a liability on tbe county for medical attention, drugs, or medicines, furnished to any such, prisoner, not at the request of the county, or of the court of county commissioners, but at the request of the sheriff or jailor. The county cannot be coerced to pay for such medical attention, drugs or medicines.— Van Eppes v. The Comm’rs’ Court of Mobile, 25 Ala. 460. It is argued, that the county ought by all means to be held liable for the medical services rendered to the slave Rich, who was confined upon the charge of the murder of his master, because the services were necessary to his life and health, and because the relations of his late master refused to procure medical aid for him. It is a sufficient answer to that argument, to say that there is no law which creates a liability against the county, out of. the facts stated. But it does not follow that no person or estate is liable for the services rendered to the slave. • The late master of the slave being dead, his representative must be regarded as his master. And- it is well settled in this State, that the master cannot “absolve himself from the obligation he is under to the slave, and to the community,” to provide for his necessary wants in sickness, whilst confined under a criminal charge. — Gibson v. Andrews, 4 Ala. 66. There is no error in the charge of the court below, and its judgment must be affirmed.