LEICESTER COUNTY COURT.

136 that Mr. Simon annexes certain limitations, which modify his Mr. Baron CHANNELL.-Well, as we mean to give judgment adhesion to these important doctrines. In qualification of the against you, it does not signify. Mr. Baron MARTIN.-You are entitled to your damages, but quotation which we have already given, we append the folfurther remarks of Mr. Simon :not to the injunction. lowing " Judgment for the plaintiff for the damages. Typhoid fever seems to be, in its causes, as in its nature, very intimately related to other diarrhoeal infections. And With reference to the possibility of its being only contingently COURT OF EXCHEQUER, DUBLIN. contagious, I quote, for illtistration’s sake, from my report of CÆSAR V. BULLEN. to cholera :the 1858, epidemic following passage referring Some interesting and important experiments made in 154 by In this case, Mr. Woodroffe, for the plaintiff, moved for Professor Thiersch, of Erlangen, seemed to show that cholera liberty to take issue on the pleas of justification filed by the evacuations in the course of their decomposition acquire a con- defendant, and also to demur to’ those pleas. The action was tagious property. It is much to be regretted that experiments brought to recover damages for libel, and there were two were not simultaneously conducted by Professor Thiersch, with counts for two separate libels. It appeared that the plaintiff a view to determine whether ordinary fisces, or ordinary established a school of anatomy in Cork, and the detendant, diarrhceal fæces, urzdergoaoag decomposition during an epidemic Dr. Bullen, wrote a statement to the Chief Secretary, setting period, would not likewise have acquired that property ; for forth that the members of the County Club, near whose prethe prevalence of exterior conditions, which tend to determine mises the school was, had been greatly annoyed by a most unin certain localities a specific infectious decomposition of excre- wholesome smell proceeding from the burning of human bones ment, seems to be the essence of an epidemic period. That this within the walls of the school; that there had been a total decomposition may begin in the bowels, as well as in cesspools, cessation of anatomical studies in the school; and that one seems possible enough ; and perhaps herein lies the explanation "subject" only had been received for dissection within the of the many cases in which human intercourse has apparently given period. These statements were contained by the first diffused the disease. For, according to the observations of count in the summons and plaint. It appeared that shortly Professor Pettenkofer at Munich, and Professor Acland at afterwards Dr. Bullen wrote to the Right Hon. Edward Card. Oxford, it would seem that during cholera-periods the immi- well, alluding to the first libel, and stating that notwithstand. gration of persons suffering diarrhœa has been followed by out- ing the cessation of anatomical business in the school, certifibreaks of cholera in places previously uninfected ; and Pro- cates had been forwarded to the College in London of attendfessor Pettenkofer ascribes this fact to an infective influence ance of students at lectures, which in point of fact had not exerted by the fasces of such persons in the cesspools and ad- been delivered. This statement was transmitted to the Royal joining soil of ill-conditioned places to which they go. An College of Surgeons by Mr. Cardwell, and the result was that infection of this kind would probably extend itself to the Dr. Caesar’s school was disfranchized, and his certificates would polluted well-waters of such soils, and might render them, if not be received. For this the action was brought. The deswallowed, capable of exciting cholera by direct contagion. It fendant pleaded a justification of both libels, but nevertheless is encouraging to sanitary reformers to observe that cases of in his pleas stated that one "subject" only had been reported apparent introduction of cholera-contagion by human inter- to him. Plaintiff swore that he believed he had a good cause course are essentially different from such cases of infection as of action, and that the defence to it was unfounded. are presented by measles or small-pox. The multiplication of Mr. W1’YL O’BRIEN appeared for the defendant, and said poison in the latter diseases takes place exclusively within the that the present proceedings were instituted in June last. The human body ; it has no immediate dependence on differences plaintiff was then described as " of Dublin," but he was since of medium, and wherever human beings can cross one another’,- described as "of St. James’s-square, Islington, London." path, the susceptible person may contract infection. But the Defendant now sought that he should not be precluded from cholera-poison, if indeed it can at all be multiplied within the compelling plaintiff to give security for costs before the action body, almost certainly has its great centres of multiplication went on. elsewhere, in those avoidable foci of corruption where excre. The Court granted the motion, and reserved liberty to the ment accumulates and decays. And likewise for diffusing its to move for security for costs if so advised. contagion, if truly the disease be contagious, foulness oj medium seems indispensable. Indeed, it is no ordinary foul’ LEICESTER COUNTY COURT. ness which taints air or fo’)tl or water with the leaven oj decaying excrement. Therefore, as regards cholera, it seem, JACKSON V. GEE. highly probable that the immigration of infected persons might Mr. Haxby appeared for the plaintiff; Mr. Luck for the occur to anv extent without’ exciting epidemic outbreaks, if it This was an action to recover £15 17s. 6d. for defendant. occurred only into places of irreproachable sanitary conditions, medicines and medical attendance. The plaintiff resides at the of as and the continuous; supply water, especially regards removal of house-refuse. Compare Pettenkofer uber clie Ver. Somerby, but formerly lived in Leicester, during which time he attended the defendant’s family. The charges defendant breitungsart der Cholera, 1854 ; Acland on the Cholera a1 considered exorbitant. Plaintiff said he charged Is. 6d. a Thiersch’s and Infectionsversuche an Thierer Oxford, 1856; a bottle ; ointment 2s. 6d. a box; pills medicine 2s. Gel. visit, mit deu Inhaltedes Cholera-darmes, 1856.’ "-Papers relating 2s. 6d. per box ; charged 8s. for lint ; powders 3d. each; to the Sanitary State of the People of England, special consultation £1 18, Consulted with the parties themselves, and the amount was suggested by Mr. Gee himself. Charged 5s. for a syringe ; five consultations Is. ; charged that when he was attending another member of Mr. Gee’s family a& MEDICAL TRIALS. the same time. Cross examined : Did not meet any medical man to consult. It was professional for physicians to send out medicine. Mr. COURT OF EXCHEQUER. he was consumptive, and he examined him. He Gee CAMES v. NISBETT. received a physician’s certificate to practise. JOHN JACKSON, father of plaintiff. said he called upon (leTHIS was an action tried before Mr. Baron Wilde a.t Durham, in which the plaintiff, a surgeon and apothecary, sued the de fendant for the account, and he promised to pay in a month. fendant, who had been his assistant, for a penalty of £100, He made no objection to the charges. The account was partly incurred for a breach of agreement, in having practised within to be paid in goods and partly in money. He called again, a distance of five miles of his residence. The jury found for when the defendant regretted thathe had not sent the goods, the plaintiff, with damages of £100. and said he would pay in a week. He called again, when Mr. T. JONES now appeared in support of a demurrer, which defendant requested him to call in a week, and then he asked raised the question whether on the true construction of the him to call again.-This was the case. Defendant was examined, and said he did not tell plaintiff contract, the defendant was only bound not to practise during the existence of the agreement which had been determined to charge a physician’s fee at any time. He had not promised previous to its alleged violation. The learned counsel had to pay the account, bnt he said be would if the charges were Plaintiff never came to visit him except as a concluded his argument, when he said : I fear, my lords, ] reasonable. have been arguing this case, and that no one is here on the friend, to eat and drink at his house. Sent an account in to other side. I thought my learned friend Mr. Edward Jamef plaintiff for goods, but which be had not paid. The account was against me. (Laughter.) Did not consider be was paid by whit he was £4 Os. 11d. Mr. JAMES.-Indeed 1 am not. (Renewed laughter.) He was willing to pay a reasonable charge.

defendant

:

imagined

had.

137 F. GEE said he had had pills from plaintiff, and there were not more than three or four in a box. Mr. C. R. CEOSSLEY said he had examined the bill carefully ; it was not usual to charge for medicine and attendance at the same time ; nor had he heard of the term consultation being used except when two medical men consulted together. Had considered the bill, and thought it to be exorbitant. The usual charges for bottles of medicine were 2.!. 6d.ointment Is. The bill he considered should amount to £10 or Ell. Should not charge for visits if he attended two or three at once. If he charged for visits, he should charge 3s. 6d., but he should not charge for medicine as well. If he made an examination, and did not see the patient afterwards, he should charge a

guinea.

.Dr. LILLEY gave similar evidence, and at the suggestion of his Honour a verdict was taken for £12, on the understanding that plaintiff should pay X4due to defendant for goods

supplied. In the above case, we understand that the plaintiff paid sixty-two visits, and supplied medicine to several members oj the defendant’s family. We do not regard the charge as in any way exorbitant, notwithstanding the evidence of Mr. Crossley and Dr. Lilley. It would have been better, however, that the attendance had been charged, and the medicine supplied at cost price. Had this been done, we cannot conceive that any exception could have been taken to Mr. Jackson’s account.

Bland, Henry, Idle, near Leeds. Dabbs, Geo. H. R, Parkhurst, Isle of Wight. De Tatham, Hamilton, 40, Dorset-square. Dobson, Nelson Congreve, Holbeach. Etches, Charles Alfred, York. Harris, Richard, London. At., .’’axmundham. Ling, JohnFrederick Martin, Devonport. Riekard, Riley, Joseph, Manchester. Smith, William R.. London. Webb, John, Hannington, Hants.

THE CITY DISPENSARY has received from the Grocers’

ROYAL COLLEGE

edical

ARMY MEDICAL DEPARTMENT.-It is in

OF

SURGEONS

OF

ENGLAND.-The

the necessary examinations for the diploma, were admitted Members of the College at a meeting of the Court of Examiners on the 28th ult.:— Baker, John Penning’, Y orl;-p1ace, Portman-square. Bale, viulli-mz, Stockport. Densou, Joseph Henry, Camhtidge. Ciapham, Edtvard, Thorney, Peterborough. Crowdy, Alfred Suuthby, Donnington, Berkshire. Davidson, Andrew, Madagascar. Ellerton, John, Wakefield, Yorkshire. Gibson, Daniel, L.S.A., lduli. Hume, James Denham, Nova Scotia. Hifie,Frank, Kmeatoi], Wariiekslire. Meggy, Frederic, Staokweli. Mouris, Powe Junes Longford, Bedford. Merrison, John, 21.D., Louisiana, New Oceans. Newcombe,John, M.D., victoria College, toronto. Nicholson, John, Penr’t", Cu.mbeiland. Nichilson Robert Hicks Eranclere, Hull. P, ,ict,er, James Macmamara, B-irbadoes. Patton, Alfred, Belfast. Roberts, Robert, Festillio.7, ivorth Wales. Thompson, Thomas, Thi sli:, Yorkshire. Tyrrell, William James, L.S.A., Pembroke. Wilkin, John Prederuk, Dublin. The following gentlemen were admitted Members on the 29th ult.:Brisbane, Thjma.s, M.D. rdin., Dumfries. I?rodie, George Hernard, Salisbury. Buck, Henry, Harper-street, Bloomsbury-square Callender, Robert John, Haltwhistle, Xorthnmberland. Ctapp, BVm. Henry Dant, H.D. (Queen’s Univ. Ireland, Cork. Cox, William Henry, Plymouth. Dobson, Thomas, L.S A., Fleetsvood, Lancashirc. Edis, Arthur Wellesley, l:!untlngdon. Piarrisot), Robert, Windermere. Harvey, William, Penzanee. Hawthorn, J.hn, L.S.A., Newcastle-on-Tyne Lattey, Richard Aiten, Cambridge-terrace Hyde-park. Martland, William, B!a.ckburn, Lancashire. Maude, FrederickWm., St. Andrew’s-place, Regent’s-park. Morton, Selby .,hrs, Erist’iL Owles James Alideu, Bungay, Suffolk. P80,s:e, William irving, Ulster-place, Ilogent’s-park. Parry, Henry Howell, Cam rvon. Waters, John Mangin, Bedford-square. Willett, Edmund, M.D. Quee’-i’s Univ. Ireland, Cork.

following gentlemen, having undergone

APOTHECARIES’ HALL,-The following gentlemen passed their examination in the science and practice of medicine, and

received certificates to

the 23rd ult. :DunderdaJp, W" Poulton-le-Fylde, Lancashire. Hulman, Thomas, Uckfield, Sussex. Joyce, Thomas, Newbury, Bucks. Tyrrell, Walter, St.thomas’s Hospital. Worboys, Thos. S., St. Bartholomew’s Hospital. The following gentlemen passed the examination in Arts, and received certiiicates of proficiency in general education, or the 25th ult. :Marsh, WBi, Joseph, London. (Certificate of special pro&cieEcy.)

practise,

on

contemplation

to have a Competitive Examination for Assistantthe army about the middle of March.

UNIVERSITY

OF

ROYAL FREE HOSPITAL.-The of London have voted the the funds of this

Surgeoncies in

ST. ANDREWS.-The next examination

for the degree of Doctor of Medicine will of May. sum

commence on

Corporation of

of 200

guineas

as a

the 5th

the

City

donation to

hospital.

16th of January, a paper Striped Muscle in Man,

News.

donation of £50

THE analysts who haveoperated upon the body of the late Infanta Don John have not discovered any trace of poison. THE KING OF PORTUGAL is residing at the Palace of Caxias, and is in prefect health. CHOLERA has broken out in Bombay in the Hindoo Bazaar. The number of deaths in one week was 172.

ROYAL SOCIETY.-At M

a

Company.

a

meeting

of this

Society on the

read, ’’On the Development of

was

Mammalia, and Birds," by J. S. Clarke, Esq. DR. LALLEMAND, Professor at the Military Hospital of

Val-de-Grâce, well known as the author of several scientific works, is appointed Chief Physician to the Army about to proceed to Mexico.

MAJOR MURRAY.-We

are

enabled to

announce

the

complete recovery of Major Murray, the remarks which were made lately as to the state of this gentleman’s health being quite incorrect. TYPHUS IN THE HOUSE OF CORRECTION.-Last week, Frederick Gedge died of the effects of typhus fever and congestion of the lungs. Thirteen cases of typhus have occurred lately at this gaol; the majority have recovered. ANTIQUITY

MAN.-Sir Charles

OF

Lyell has

in prepara-

tiona work on the " GeologicalEvidences of the Antiquity of Man," in which will be collected all the facts bearing on this most interesting and debatable topic.

directors

The RAILWAY REFORM. of the Eastern Counties Railway Company have determined on a reduction of the daily duty of the men who have charge of the points, so thatthe important duties entrusted to them will be more effi-

ciently performed. BALNEOLOGY. - Lectures on Balneology have lately been sanctioned by the Faculty of Pesth, and Dr. Pete has been tilowecl to give them. The lecturer has immediately been voted a regular salary by the proprietors of different

watering-places. SANITARY CONDITION

OF

DORCHESTER.-Some discus-

sion has taken place in the Dorchester Town Council on the subject of a proper ventilation of the sewers, on a complaint by a resident that a ventilating shaft near his premises gave forth very unwholesome and offensive gases, although it professed to have a charcoal deodorizer connected with it.

M. VELPEAU recent

meeting

AT

of the

THE ACADEMY OF SCIENCES. - At a Academy of Sciences of Paris, the Presi.

dent, M. Milne-Edwards, retired from the presidency, his sucbeing, as usual, the Vice-President, M. Duhamel, the mathematician. 1v1. Velpeau, the distinguished surgeon, was elected Vice-President, and consequently the President for 1863. ASYLUM FOR IDIOTS, EARLSWOOD.-The annual enter-

cessor

tainment for the inmates of this rational institution took place The prizes from the Christmas-trees having on Monday last. been distributed, the pupils were regaled with tea and cake in the magnificent gallery of the asylum. At half-past six the special amusements commenced. A shadow pantomime, in which one of the patients took a difncult character, was the source of great merriment. A wood scene, in which several patients were employed weaving garlands to the sound of joy. ous music, was most effective, and gave much delight A galaati show, on a large scale and with a new plot and dia.-