Grace v. Territory of Hawaii

13 Haw. 465, 1901 Haw. LEXIS 42

• Court: Hawaii Supreme Court
• Decided: July 5, 1901
• Status: Published

Opinion

OPINION OF THE COURT BY

FREAR, C.J.

This is a submission without action on the following agreed facts:

In February, 1901, a policeman at Hilo, Hawaii, without authority, justification or extenuation by law, shot and wounded a private citizen. It immediately became necessary to extract the bullet from the wounded man. The Sheriff of Hawaii requested the plaintiff, who was a licensed physician and surgeon practicing in Hilo-, to perform the operation, promising him reasonable compensation for the service by the department of' the Attorney-General. The plaintiff performed the service im a skillful manner and rendered a bill therefor to the said department. The question is whether the Territory is liable.

In our opinion the Sheriff was without authority to bind the-Territory to pay for an operation upon a private citizen made-necessary by an unauthorized act of a policeman. Judgment for tbe defendant.

Tbe plaintiff in person. Attorney-Qmeral E. P. Dole for tbe defendant.