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_.—That, my lord, strengthens my argument, for in
that case it must have been so well known, as not to need any additional
experiments. The learned Sergeant was proceeding to contend that the
division of the costs equally between the two insurance companies was
not the most proper one; but the court thought that such an arrangement
would best meet the justice of the case. There were two insurance
companies in the case, in each of which two policies had been effected,
and two actions commenced; and though all the actions were not tried,
yet as the same evidence went to all, it was but just that each office
should bear a moiety of the costs.
The arguments being closed on both sides, the _Chief Justice_ asked
whether physicians were allowed for loss of time as witnesses?
The Prothonotary replied, that they were always allowed.
The Court then wished to be informed, whether there was a particular
scale of allowance, for it was not to be supposed that such an eminent
physician as Dr. _Baillie_ would be allowed according to the extent of
his practice.
The prothonotary said certainly not. There was an average allowance, and
by that the most eminent physician received only the same sum as the
physician who had got his diploma but the day before.
The _Chief Justice_.—What sum would you allow?
The Prothonotary.—My lord, since the allowance has been raised to
barristers, we have raised physicians to the same rank, and they are
allowed the same—two guineas per day.
The _Chief Justice_.—But do barristers take the allowance?
The Prothonotary.—In some cases, my lord, it is allowed.
The _Chief Justice_ (after consulting for a short time with the other
Judges) said we shall not say any thing more upon this, than that it
must be referred back to the master to revise the costs, and that the
experiments are not to be allowed: nor is allowance to be made for loss
of time as such; but let it be understood that physicians are to be
allowed as usual.
The Prothonotary begged to know how he was to reckon physicians, was it
by diploma?
The Court said by practice. It was not to be expected that a physician
was to take his diploma about in his pocket.
The Prothonotary again begged to trouble their lordships. There was
another class of persons who were frequently allowed much more than any
professional men—he meant surveyors. Sometimes very high charges were
made for them. For instance, the late Mr. _Rennie_, who was summoned as
a witness in the present case: his time was of the utmost value, as was
that of others of eminence in that branch of science. He wished to know
how they were to be allowed.
The _Chief Justice_.—We can know no distinction here. The time of such
gentlemen as the late Mr. Rennie must no doubt be extremely valuable to
them, but that of a poor man is equally valuable to him, and perhaps
more so; for though the amount might not be as great, yet the support of
his family might be depending on it.
Public-domain text, read in full here on John Shaqi.
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