Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Mr. Justice _Park_.—I am glad to know it, for I was not aware how the
case was.
Mr. Sergeant _Taddy_ then proceeded to contend, that with respect to the
cost of the experiments, as they were not made for the purposes of
general science, but had reference to this case alone, they ought to be
allowed. Indeed, they were made by a sort of compact with the other
side. They (the defendants) themselves seemed anxious that such
experiments should be made. They declared that they would make them, and
they invited the plaintiffs to make them also.
The _Chief Justice_.—How much was the amount of the property insured?
Mr. Sergeant _Lens_ replied that it was upwards of 70,000l.
The _Chief Justice_.—I think (whether the cost of experiments be allowed
or not) it was right, in a case of such importance, that they should
have been made; but I wish it could be shewn to me whether there was any
compact between the parties for making them.
Mr. Sergeant _Hullock_, who appeared for the defendants, here observed
that he knew of no compact of that nature.
Mr. Sergeant _Taddy_.—I do not say, my lords, that there was a positive
compact; but I remember that, when the motion for a new trial was argued
before your lordships, one of the arguments used in support of the
motion by the defendants’ counsel was, that a sufficient number of
experiments had not then been made. Surely, then, it will not be
contended that there was not an inducement to the plaintiffs to make
those additional experiments for which they now claim to be allowed.
Mr. Justice _Burrough_.—There was no contract.
Mr. Sergeant _Taddy_.—None, my lord; but they challenged us to make the
experiments. We have done so; and I submit to your lordships that the
verdict being for us, we ought to charge them with the full costs.
Public-domain text, read in full here on John Shaqi.
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