Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
This case is recent, but we believe not reported. The plaintiff was a
respectable artisan, and had been employed as engineer and
brass-founder in a large manufactory in the city, and by his industry
was enabled to earn about four guineas per week; the plaintiff’s right
arm was dislocated by a fall from a gig. Mr. _Pettigrew_, the
defendant, was sent for, but being unable to attend from illness, his
assistant undertook the case, but conducted it so unskilfully, that
the plaintiff lost the use of his arm—DAMAGES £800.
Footnote 143:
For other provisions see the act itself. See also two reports from the
Select Committee of the House of Commons, on the state of disease and
condition of the labouring poor in Ireland. May 17 and June 7, 1819.
Footnote 144:
There is among the _Sloane_ manuscripts in the British Museum, a
complaint or remonstrance that the buildings had been appropriated to
other purposes than those intended by their pious and benevolent
founder.
Footnote 145:
For the regulations in the time of the Plague during the reign of
_Elizabeth_, see 2 _Stowe b._ 5. _p._ 450.
Footnote 146:
The case of the _King v. Taunton_, in the King’s Bench, was to this
effect. Mr. _Taunton_ vaccinated his own children, was one of the
first subscribers to the London Vaccine Institution, and has been
constantly on the Board of Managers of that charity. At the same time
he felt it his duty to inoculate such for the Smallpox, who through
prejudice, or otherwise, refused vaccination. Many of the poor who
applied for gratuitous advice, applied also for inoculation for the
Cowpox, and some for the Smallpox.
On the 19th June, Mr. _Taunton_ was arrested on the Lord Chief
Justice’s warrant. He gave bail, and directed his attorneys to defend
the cause, which was to have been tried on Friday, December 8th, in
the Court of King’s Bench, where Mr. _Taunton_ attended with his
witnesses. Sir _William Garrow_, the Attorney General, and counsel for
the plaintiff, stated to the Court, that he should not proceed in the
present case, as he learnt that the defendant had given notice, with
every inoculation, not to expose their children while the disease was
out.
“God forbid,” said he, “that those who have the Smallpox should not be
attended in their own houses by any person they choose; but they must
not be carried about the street to the destruction of others.”
Mr. _Justice Bayley_.—“I hope it is sufficiently notorious, that the
causing persons to pass through the streets, who may have that
disorder upon them, although they are going for medical advice to some
person in whom they may have confidence, is an indictable offence; and
if that person, instead of attending them at their own houses, as he
might do, chooses to direct that they shall, from time to time, be
brought, or come to him, there is no question that he is liable to an
indictment.”
Public-domain text, read in full here on John Shaqi.
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