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. Sergeant _Hullock_, in support of the rule, contended that the case
of _Lopez_ and _de Tastet_, which had been quoted by his learned brother
(_Vaughan_), was not in point, nor did it bear the interpretation which
had been given to it. As to physicians, he had some doubt whether in
strict law even they ought to be allowed for loss of time as such, for
how was the rule of expenses to be settled? One physician whose practice
was extensive, might charge fifty guineas a day, while another might be
satisfied to go to Guildhall for five; so that there could be no settled
rule. He thought also, though he did not at all mean it invidiously,
that the plaintiffs need not have sent to the great distance they had
done for witnesses, while they could have got others of equal skill
nearer home. If the principle were to be admitted, a man might send to
_Calcutta_ for witnesses for scientific purposes, and charge the
expenses of the voyage here and back. At the same time he did not mean
to object to Dr. _Thomson_, who he had no doubt was an extremely clever
man. The learned Sergeant then went through various items in the bill,
several of which, he contended, his clients ought not to be called upon
to pay. There was one item of 205_l._ for a model of the premises. Why,
if, as had been suggested, they had built a model of exactly the same
size as the original, they might as well charge the price of it, as
250l. for a model. There was another item of 213l. for loss of time,
trouble, and expenses, in making experiments, to S. Parkes, esq. Of this
the prothonotary had deducted 99l., but then it was not stated what sum
was for loss of time, what for the trouble, and what for the expenses.
It was the same with the charges to several other gentlemen. Now he
objected to any thing being allowed for loss of time, and in that case
he was satisfied the case ought to be reviewed. With respect to the
costs of the experiments, he apprehended that the best answer had been
given by the court. In no case that he heard of before this were they
charged.
The _Chief Justice_ asked what was the rule in patent cases.
The Prothonotary said that in all such cases a reasonable sum was
allowed.
Mr. Sergeant _Hullock_ proceeded. There was another ground on which he
thought the experiments ought not to be charged. Either there had been
several experiments made before the new method was adopted, or there had
not. If there had, no additional experiments were necessary on the late
trials. If there had not, the plaintiffs had rashly made the risk, and
ought not to recover now.
The _Chief Justice_.—You forgot, brother _Hullock_, that this was a
patent.
Public-domain text, read in full here on John Shaqi.
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