- Email: [email protected]
House of lords
_PUBLIC H E A L TZt.
400
other diphtheroids, as regards morphology, sugar reaction and virulence. B. antt~racis was considered in relation to human and animal infection, while the purple-red reaction was demonstrated. The coli-typhoid group of organisms were fully considered. The isolation and identification of B. typhosus and the differentiation of the various coliform organisms was demonstrated by means of numerous plates and media. The demonstration produced an interesting discussion. A synopsis of the Tuberculosis Order, 19o9, the Milk and Dairies Bill and the Moveable Dwellings Bill had been prepared by Dr. Kaye, the hon. see., but the discussions thereon were postponed to another occasion. The members were entertained to light refreshments. LAW HOUSE
REPORTS. OF
LORDS.
May 2oth, 19o9. BEFORE
THE
LORD
CHANCELLOR
AND
LORDS
MACNAGHTEN, GORELL AND SHAW. JONE% BROOK AND BROTHERS, LTD., V. URBAN DISTRICT COUNCIL.
MELTHAM
Rivers Pollution Prevention Acts--Facilities to Manufacturers - - Sufficiency of Sewers - Meaning of "Sewers."
A local authority is not bound by Section 7 of the Rivers Pollutiolt Prevention Act, 1876 , to give a manufacturer facilities for carrying liquids from his factory into the sewers of the dislric¢ if the counci2's works for sewage "burification are only sujficient for the needs of the district, although lhe actual sewer pipes may be sujficient to take the liquids of the factory. This was an appeal from the Court of Appeal on the part of the plaintiffs, a firm of cotton-thread manufacturers. They began proceedings in the County Court for an order that the District Council should allow them to send the liquids from their manufactory into the Council's sewers. They contended that they were entitled to do this under Section 7 of the Rivers Pollution Act, 1876 , provided the sewers were sufficient for the purpose in addition to the requirements of the district. It was admitted by the respondents that their sewers--viz., the pipes or channels by which the sewage matter was conveyed to their outfall or purification w o r k s - - w e r e more than sufficient for the requirements of their district ; but they contended that their outfall or purification works were sewers within the meaning of the proviso, and that such outfall or purification works as such were only sufficient for the requirements of their district, and were wholly insufficient for the purification of such liquids, or any part thereof,
JuLy,
in addition thereto. The County Court Judge held that the outfaI1 or purification works were sewers within the meaning of the second proviso in the seventh section of the Act of 1876, and further held that they were more than sufficient for the requirements of the respondents' own district, but only to the extent of 2o,0o0 additional gallons a day, instead of the 65,ooo gallons per day as claimed by the appellants; and on the appellants declining an order limited to 2o,o0o gallons per day dismissed the cause with costs. The Divisional Court, on appeal, reversed the judgment of the County Court Judge, but the Court of Appeal restored that judgment, holding that the County Court Judge was right. (See PUBLIC H E A L T H , Vol. 2I, p. 289.) The appeal was dismissed. THE LORD CHANCELLOR, in moving that the appeal should be dismissed, said that, in his opinion, the decision of the Court of Appeal was right. The seventh section of the Rivers Pollution Prevention Act, 1876 , enabled local authorities having sewers under their control to give facilities for enabling manufacturers to carry liquids proceeding from their factories into such sewers. If the section were examined it would be found that these facilities were granted only by way of grace and favour. It was qualified by two provisoes. In regard to the second proviso, he thought the sewers in this instance were only sufficient for the requirements of the district. The word " s e w e r " did not necessarily mean precisely what it meant in the Public Health Act, I875. It included under the Act of 1876 the works in connection with the sewers forming part of the system by which fluids were enabled to pass to their ultimate destination. The other members of the House agreed.
May 241h , 19o9. BEFORE
THE.
LORD
CHANCELLOR
AND LORDS
MACNAGHTEN, JAMES OF HEREFORD, AND SHAW. FERGUSON V. MALVERN
URBAN
DISTRICT
COUNCIL.
N u i s a n c e - - E s c a p e of Sewage--Pollution of W a t e r --W~ater from Defendant's L a n d - - N o Right to Use W a t e r - - N e w Trial. This was an appeal from a judgment of the Court o f Appeal, reported in PUBtaC HEALTH, Vol. xxi., p. 21o. The action was brought to recover damages for injuries caused by reason of an outbreak of typhoid fever at a hydropathic establishment belonging to the plaintiff. At the trial (reported in PUBLICHEALTH, Vol. xXi., p. 86, where the facts are set out), the jury found that the defendant council had allowed sewage to escapeinto certain water which the plaintiff had used, and that this was the callse of the outbreak. They awarded him £7,500 damages, but they also
PUBLIC
1909.
found that the plaintiff had no property in the water, which in fact belonged to the defendant council, and that he was using it without their permission. At the trial Lawrence, J., entered judgme!~t for the plaintiff for the amount claimed. The defendants appealed and the Court of Appeal entered judgment for the defendants. The plaintiff now asked for judgment or a new trial. The appeal was dismissed, their Lordships being of opinion that nothing but further expense and annoyance could come from a new trial. The real question was whether the appellant had a lawful enjoyment of the water, and this the jury had negatived. Although the plaintiff had suffered damage they did not think there was any chance of establishing his case on a new trial. KING'S
BENCH
DIVISION.
May I9th and 2oth, 19o9. BEFORE COLERIDGE, J., AND A COMMON JURY. LE MASSU AND WIFE V. COSSON.
Sale of F o o d - - W a r r a n t y - - Negligence--Alleged Ptomaine Poisoning. This was an action for damages brought against the defendant, a confectioner in Soho, on the ground of negligence, or in the alternative breach of warranty, in connection with the sale of cakes containing cream, the eating of which it was alleged had caused the plaintiffs to suffer from ptomaine poisoning. The defence was that the cakes were made of wholesome materials, and were good when sold. The plaintiffs' case was that on Saturday, June 2otti, 19o8 , the female plaintiff bought twelve cakes cQntaining cream at the defendant's shop. They were taken home in a cardboard box and put in a box on the dining-room sideboard. At night the box, with the lid removed, was placed in the larder, in which were some vegetables and a chicken. The cakes were eaten next day at lunch by the plaintiffs and two gentlemen who lodged in the plaintiffs' house; the housemaid also had eaten one. All these persons were afterwards taken ill, the plaintiffs in the course of the evening, the housemaid during the night, one of the lodgers became ill in the afternoon and tile other about midday on the Monday. Evidence was given by two other persons of having bought cakes from the defendant on the same day and having been ill in consequence. The wife of one was taken ill after having eaten some of these cakes, and she subsequently died. At the inquest the jury found that death was due to ptomaine poisoning, but that there was not sufficient evidence to show how it was introduced into the system. For the defence Mr. John Whipp, an inspector in the employ of the Westminster City Council, pronounced defendant's bakehouse as complying
HEALTH.
401
with the Factories and Workshops Act. There was nothing to complain of in regard to it, and he had shown it to the medical officer of health and others as a model of cleanliness. Witness had never seen anything but fresh and wholesome materials in use. There was a proper, wellventilated store, and the drains were sound. The defendant said that she used only cream, eggs, butter, flour and milk, and nothing tinned. She paid the best prices for the materials. She got her milk and cream fresh twice a day. She baked 5oo to 6oo cakes a day on a Saturday and Sunday, and she never sold any which had been made the day before. ~,Vhen she sold the cakes to plaintiffs they were fresh and wholesome. Cream cakes, if kept as Mrs. L e Massu kept those she bought, might go sour. Evidence was also given of other persons who bought and ate cakes on the same day and suffered no ill effects. The jury, after two hours deliberation, stated that there was no prospect of their being able to agree. They were in consequence discharged. RECENT PUBLIC HEALTH LITERATURE.
Bacteriology. B A I N B R I D G E (F. A.). On the paratyphoid and "food-poisoning" bacilli, and on the nature and efficiency of certain rat viruses. Journ. of Pathol. and Bac/eriol., 19o9, xiii, 443. - - D O N N A L L Y (H. H.). Intestinal bacteria of infants and the use of lactic acid bacteria. Amer. Journ. Obstet., 19o9, lix, 888. E Y R E (J. W. H.) and E. P. M I N E T T . The incidence of Morgan's bacillus No. I in the normal f~eces of young children. Be, t. Med. Journ., 19o9, i, 1,227.--MORGAN (Maj. J. C.) and Capt. D. HARVEY. An experimental research on the viability of the bacillus typhosus as excreted under natural conditions by t h e " chronic carrier." Jonrn. t¢oy. Army Med. Corps, 19o9, xii, 587 .
Blackwater FeYer. B E N T L E Y (C. A.) and Capt. S. R. C H R I S TOPHERS. Blackwater fever and the intimate pathology of malaria. Med. Press, 19o9, i, 4 9 8 . - - S M I T H (H. A.). A case of blaekwater fever in the United Provinces. Indian Med. Gaz., 19o9, Miv, 171.
Cancer. R O B E R T S O N (W. F.). Expertmental evidence of the infective origin of carMnoma and of the transmission of the disease from the human subject to the mouse. Lancet, 19Ol , I, 1 , 5 9 I . - - W E L L S (H. G.). The resistance of the human body to cancer. Journ. Amer. Med. Asst,c., 19o9, lii, 1,731.
Cerebro-Spinal FeYer.
D E B R E (R.). Les principaux caract~res cliniques de la m6ningite cerebro-spinale. La Presse M~d., Paris, 19o9, 3 8 5 . - - L A R K I N S (F. E.). Cerebro-spinal fever. Practitione G 19o2 , lxxxii, 776.
400
other diphtheroids, as regards morphology, sugar reaction and virulence. B. antt~racis was considered in relation to human and animal infection, while the purple-red reaction was demonstrated. The coli-typhoid group of organisms were fully considered. The isolation and identification of B. typhosus and the differentiation of the various coliform organisms was demonstrated by means of numerous plates and media. The demonstration produced an interesting discussion. A synopsis of the Tuberculosis Order, 19o9, the Milk and Dairies Bill and the Moveable Dwellings Bill had been prepared by Dr. Kaye, the hon. see., but the discussions thereon were postponed to another occasion. The members were entertained to light refreshments. LAW HOUSE
REPORTS. OF
LORDS.
May 2oth, 19o9. BEFORE
THE
LORD
CHANCELLOR
AND
LORDS
MACNAGHTEN, GORELL AND SHAW. JONE% BROOK AND BROTHERS, LTD., V. URBAN DISTRICT COUNCIL.
MELTHAM
Rivers Pollution Prevention Acts--Facilities to Manufacturers - - Sufficiency of Sewers - Meaning of "Sewers."
A local authority is not bound by Section 7 of the Rivers Pollutiolt Prevention Act, 1876 , to give a manufacturer facilities for carrying liquids from his factory into the sewers of the dislric¢ if the counci2's works for sewage "burification are only sujficient for the needs of the district, although lhe actual sewer pipes may be sujficient to take the liquids of the factory. This was an appeal from the Court of Appeal on the part of the plaintiffs, a firm of cotton-thread manufacturers. They began proceedings in the County Court for an order that the District Council should allow them to send the liquids from their manufactory into the Council's sewers. They contended that they were entitled to do this under Section 7 of the Rivers Pollution Act, 1876 , provided the sewers were sufficient for the purpose in addition to the requirements of the district. It was admitted by the respondents that their sewers--viz., the pipes or channels by which the sewage matter was conveyed to their outfall or purification w o r k s - - w e r e more than sufficient for the requirements of their district ; but they contended that their outfall or purification works were sewers within the meaning of the proviso, and that such outfall or purification works as such were only sufficient for the requirements of their district, and were wholly insufficient for the purification of such liquids, or any part thereof,
JuLy,
in addition thereto. The County Court Judge held that the outfaI1 or purification works were sewers within the meaning of the second proviso in the seventh section of the Act of 1876, and further held that they were more than sufficient for the requirements of the respondents' own district, but only to the extent of 2o,0o0 additional gallons a day, instead of the 65,ooo gallons per day as claimed by the appellants; and on the appellants declining an order limited to 2o,o0o gallons per day dismissed the cause with costs. The Divisional Court, on appeal, reversed the judgment of the County Court Judge, but the Court of Appeal restored that judgment, holding that the County Court Judge was right. (See PUBLIC H E A L T H , Vol. 2I, p. 289.) The appeal was dismissed. THE LORD CHANCELLOR, in moving that the appeal should be dismissed, said that, in his opinion, the decision of the Court of Appeal was right. The seventh section of the Rivers Pollution Prevention Act, 1876 , enabled local authorities having sewers under their control to give facilities for enabling manufacturers to carry liquids proceeding from their factories into such sewers. If the section were examined it would be found that these facilities were granted only by way of grace and favour. It was qualified by two provisoes. In regard to the second proviso, he thought the sewers in this instance were only sufficient for the requirements of the district. The word " s e w e r " did not necessarily mean precisely what it meant in the Public Health Act, I875. It included under the Act of 1876 the works in connection with the sewers forming part of the system by which fluids were enabled to pass to their ultimate destination. The other members of the House agreed.
May 241h , 19o9. BEFORE
THE.
LORD
CHANCELLOR
AND LORDS
MACNAGHTEN, JAMES OF HEREFORD, AND SHAW. FERGUSON V. MALVERN
URBAN
DISTRICT
COUNCIL.
N u i s a n c e - - E s c a p e of Sewage--Pollution of W a t e r --W~ater from Defendant's L a n d - - N o Right to Use W a t e r - - N e w Trial. This was an appeal from a judgment of the Court o f Appeal, reported in PUBtaC HEALTH, Vol. xxi., p. 21o. The action was brought to recover damages for injuries caused by reason of an outbreak of typhoid fever at a hydropathic establishment belonging to the plaintiff. At the trial (reported in PUBLICHEALTH, Vol. xXi., p. 86, where the facts are set out), the jury found that the defendant council had allowed sewage to escapeinto certain water which the plaintiff had used, and that this was the callse of the outbreak. They awarded him £7,500 damages, but they also
PUBLIC
1909.
found that the plaintiff had no property in the water, which in fact belonged to the defendant council, and that he was using it without their permission. At the trial Lawrence, J., entered judgme!~t for the plaintiff for the amount claimed. The defendants appealed and the Court of Appeal entered judgment for the defendants. The plaintiff now asked for judgment or a new trial. The appeal was dismissed, their Lordships being of opinion that nothing but further expense and annoyance could come from a new trial. The real question was whether the appellant had a lawful enjoyment of the water, and this the jury had negatived. Although the plaintiff had suffered damage they did not think there was any chance of establishing his case on a new trial. KING'S
BENCH
DIVISION.
May I9th and 2oth, 19o9. BEFORE COLERIDGE, J., AND A COMMON JURY. LE MASSU AND WIFE V. COSSON.
Sale of F o o d - - W a r r a n t y - - Negligence--Alleged Ptomaine Poisoning. This was an action for damages brought against the defendant, a confectioner in Soho, on the ground of negligence, or in the alternative breach of warranty, in connection with the sale of cakes containing cream, the eating of which it was alleged had caused the plaintiffs to suffer from ptomaine poisoning. The defence was that the cakes were made of wholesome materials, and were good when sold. The plaintiffs' case was that on Saturday, June 2otti, 19o8 , the female plaintiff bought twelve cakes cQntaining cream at the defendant's shop. They were taken home in a cardboard box and put in a box on the dining-room sideboard. At night the box, with the lid removed, was placed in the larder, in which were some vegetables and a chicken. The cakes were eaten next day at lunch by the plaintiffs and two gentlemen who lodged in the plaintiffs' house; the housemaid also had eaten one. All these persons were afterwards taken ill, the plaintiffs in the course of the evening, the housemaid during the night, one of the lodgers became ill in the afternoon and tile other about midday on the Monday. Evidence was given by two other persons of having bought cakes from the defendant on the same day and having been ill in consequence. The wife of one was taken ill after having eaten some of these cakes, and she subsequently died. At the inquest the jury found that death was due to ptomaine poisoning, but that there was not sufficient evidence to show how it was introduced into the system. For the defence Mr. John Whipp, an inspector in the employ of the Westminster City Council, pronounced defendant's bakehouse as complying
HEALTH.
401
with the Factories and Workshops Act. There was nothing to complain of in regard to it, and he had shown it to the medical officer of health and others as a model of cleanliness. Witness had never seen anything but fresh and wholesome materials in use. There was a proper, wellventilated store, and the drains were sound. The defendant said that she used only cream, eggs, butter, flour and milk, and nothing tinned. She paid the best prices for the materials. She got her milk and cream fresh twice a day. She baked 5oo to 6oo cakes a day on a Saturday and Sunday, and she never sold any which had been made the day before. ~,Vhen she sold the cakes to plaintiffs they were fresh and wholesome. Cream cakes, if kept as Mrs. L e Massu kept those she bought, might go sour. Evidence was also given of other persons who bought and ate cakes on the same day and suffered no ill effects. The jury, after two hours deliberation, stated that there was no prospect of their being able to agree. They were in consequence discharged. RECENT PUBLIC HEALTH LITERATURE.
Bacteriology. B A I N B R I D G E (F. A.). On the paratyphoid and "food-poisoning" bacilli, and on the nature and efficiency of certain rat viruses. Journ. of Pathol. and Bac/eriol., 19o9, xiii, 443. - - D O N N A L L Y (H. H.). Intestinal bacteria of infants and the use of lactic acid bacteria. Amer. Journ. Obstet., 19o9, lix, 888. E Y R E (J. W. H.) and E. P. M I N E T T . The incidence of Morgan's bacillus No. I in the normal f~eces of young children. Be, t. Med. Journ., 19o9, i, 1,227.--MORGAN (Maj. J. C.) and Capt. D. HARVEY. An experimental research on the viability of the bacillus typhosus as excreted under natural conditions by t h e " chronic carrier." Jonrn. t¢oy. Army Med. Corps, 19o9, xii, 587 .
Blackwater FeYer. B E N T L E Y (C. A.) and Capt. S. R. C H R I S TOPHERS. Blackwater fever and the intimate pathology of malaria. Med. Press, 19o9, i, 4 9 8 . - - S M I T H (H. A.). A case of blaekwater fever in the United Provinces. Indian Med. Gaz., 19o9, Miv, 171.
Cancer. R O B E R T S O N (W. F.). Expertmental evidence of the infective origin of carMnoma and of the transmission of the disease from the human subject to the mouse. Lancet, 19Ol , I, 1 , 5 9 I . - - W E L L S (H. G.). The resistance of the human body to cancer. Journ. Amer. Med. Asst,c., 19o9, lii, 1,731.
Cerebro-Spinal FeYer.
D E B R E (R.). Les principaux caract~res cliniques de la m6ningite cerebro-spinale. La Presse M~d., Paris, 19o9, 3 8 5 . - - L A R K I N S (F. E.). Cerebro-spinal fever. Practitione G 19o2 , lxxxii, 776.