to [transcriber's note]
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THE L A W AND MEDICAL MEN.
BY
R. VASHON ROGERS, Jr.,
Of Osgoode Hall, Barrister-at-Law.
TORONTO, CANADA,
AND
EDINBURGH, SCOTLAND:
CARSWELL & CO., LAW BOOK PUBLISHERS.
1884.
PREFACE.
The idea that in the library of nearly every practitioner in the professions of both Physic and Law there has been for some time a small gap among the books, which could be filled by a little work like this now submitted, has induced the author to prepare and publish the following pages.
While it is hoped that this little work will prove of use to the members of the Legal and Medical Professions, it is intended to be suggestive rather than exhaustive—a primer not an encyclopædia; and it is not expected that it will obviate the necessity for frequent conferences between physicians and lawyers whenever, in the practice of either, questions arise requiring the experience of the other.
In most cases the very words of the judges and reporters have been used, and if any expressions are noticed that may be deemed over strong it will be found that they are the words of others: the author’s aim has been rather to act as an humble compiler and citer of cases, than to obtrude opinions or theories of his own.
Brief chapters on Dentists and Druggists have been given because of the intimate connection between these gentlemen and the members of the medical profession.
With great diffidence this book is committed to the tender mercies of the critics of these two learned professions—to those who can so effectually wield the pen, the tongue and the scalpel.
R. V. B., Jr.
Kingston, Ont., November, 1884.
CONTENTS.
PREFACE
TABLE OF CASES CITED
EARLY PRACTITIONERS AND LAWS
FEES
WHO SHOULD PAY THE DOCTOR
WHO MAY PRACTISE
NEGLIGENCE AND MALPRACTICE
CRIMINAL MALPRACTICE
PROFESSIONAL EVIDENCE
MEDICAL EXPERTS
EXPERTS IN INSANITY CASES
DEFAMATION
RELATIONS WITH PATIENTS
DISSECTION AND RESURRECTION
DENTISTS
DRUGGISTS
PARTNERS, GOODWILL, ASSISTANTS
INDEX
TABLE OF CASES CITED.
A.
Abernethy v. Hutchinson, [195]
Ahearne v. Hogan, [141]
″ v. Eaton, [132]
Allison v. Hayden, [16]
Alpen v. Morton, [137]
Anderson v. Burrows, [146]
Andeureid’s Appeal, [138]
Anthony v. Smith, [106]
Apothecaries Company v. Lotinga, [12], [16]
Ashworth v. Kittridge, [102]
Askin & Charteris, re, [27]
Aswell v. Lomi, [142]
Austen v. Boys, [191]
Aveson v. Lord Kinnaird, [96]
Ayre v. Craven, [132], [134], [135].
B.
Bacon v. Charlton, [96]
Baker v. London & S. W. Railway, [96]
Ballon v. Prescott, [73]
Barber v. Merriam, [96], [97], [117].
Barnes v. Means, [58]
Barnstable v. Thatcher, [157]
Basten v. Butler, [20]
Bassett v. Spofford, [24]
Battersby v. Lawrence, [16]
Beekman v. Planter, [18]
Bell v. Parke, [136]
Bellinger v. Craigue, [21].
Bells v. Clifford, [28]
Bergold v. Puckta, [131]
Berier v. Galloway, [36]
Bibber v. Simpson, [52]
Billage v. Southbee, [140]
Bill v. Neal, [130]
Blackburn v. Great Western Railway, [81]
Blake v. Midland Railway, [81].
Blackburn v. Mackey, [37], [39]
Blogg v. Parkers, [20]
Boardman v. Woodman, [113]
Bogert v. Indianapolis, [153]
Boone v. State, [188]
Bowman v. Woods, [51], [53], [64], [100]
Boyd v. Lappington, [33]
Boynton v. Somersworth, [67], [148]
Boyle v. Winslow, [166]
Bracegirdle v. Orford, [157]
Bradbury v. Bardin, [51], [120]
Bradley v. Dodge, [33]
Bradford v. People, [147]
Brewer v. Dero, [157]
Broad v. Pitt, [93]
Brown v. N. Y. C., [97]
″ v. Marshall, [179]
″ v. State, [143]
Buchanan v. State, [29]
Buell v. N. Y. C., [117]
Burton v. Scott, [128]
C.
Cadwallader v. West, [139], [140]
Cairo, etc., Railway v. Mahoney, [41]
Caldwell v. Murphy, [97]
Camp v. Martin, [133]
Campan v. North, [94]
Campbell v. Richards, [119]
Carpenter v. Blake, [57], [58], [63], [64], [72], [73]
Carnes v. Nesbitt, [193]
Carson v. State, [148]
Carter v. Baker, [114]
″ v. State, [103]
Castner v. Sliker, [112]
Cawdry v. Highley, [130]
Chamberland v. Morgan, [70]
Chapen v. Marlborough, [96], [97]
Chicago. etc., Railway v. McKean, [68]
Chicago, etc., Railway v. McGiven, [108]
Chorley v. Bolcot, [16]
Clark v. Gill, [26]
Clarke v. Freeman, [132]
Clay v. Roberts, [134]
Cleveland, etc., Railway v. Ferry, [68]
Cohen v. Continental Insurance Company, [95]
Collier v. Simpson, [99], [103]
Collins v. Grady, [19]
″ v. Graves, [23]
Colton v. Thomas, [172]
Commonwealth v. Butterick, [187]
″ v. Cooley, [155]
″ v. Hackett, [91]
″ v. Hallett, [187]
″ v. Loring, [155]
″ v. Marshall, [155]
″ v. McPike, [91]
″ v. Ramsdell, [187]
″ v. Rich, [128]
″ v. Rodgers, [109], [124], [127]
Connecticut Mutual Life Ins. Co. v. Ellis, [100]
Cooper v. Lloyd, [35]
″ v. N. Y. C., [41]
Corsi v. Maretzek, [43], [51], [64], [115]
Cossey v. L. B, and S. C., [96]
Cox v. Midland Counties Ry., [41]
Craig v. Chambers, [76]
Craine v. Bandoine, [33]
Crantz v. Gill, [37]
Curtis v. Rochester, etc. Ry., [79]
D.
Davidson v. Nicholls, [183]
Davis v. Mason, [193]
″ v. Ockham, [131]
″ v. State, [113], [117], [124], [126]
Deane v. Annis, [38]
Delafield v. Parish, [124]
Demay v. Roberts, [145]
Dement, Ex parte, [30]
Denison v. Denison, [138]
Dent v. Bennett, [139], [140], [172]
Dickenson v. Barber, [124]
Dingnan v. Walker, [192]
Dixon v. Smith, [134]
Doggett v. Lane, [141]
Duclos’ Succession, [24]
Duffit v. James, [21]
Durnell v. Corfield, [142]
E.
Edington v. Ætna Life Ins. Co., [96]
Edsall V. Russell, [131], [133]
Ellis v. Kelly, [16]
Emerson v. Lowell Gas L. Co., [112]
F.
Fairchild v. Bascomb, [112], [113], [125], [126]
Farnsworth v. Garrard, [20]
Farlar v. Lane, [141]
Farr v. Pearce, [191]
Fawcett v. Mothersell, [77]
Fenwick v. Bell, [119]
Fields v. Rutherford, [76]
Fisk v. Wait, [69]
Fletcher v. Fletcher, [146]
Flint v. Bodenhamer, [124]
Flower’s Case, [130]
Fox v. Glastonbury, [20]
Forgery v. First Nat. Bank, [114]
Foster v. Small, [134]
Fraser v. Jennison, [94], [103], [106]
G.
Gale v. Rector, [103]
Gallagher v. Thompson, [20]
Gardiner v. Heartt, [56]
Gardner v. People, [117]
Geiselman v. Scott, [68]
Genshaw v. Germain, [17]
Getchell v. Hill, [114]
George v. Skivington, [183]
Gibson v. Russell, [140]
″ v. Williams, [119]
Gilman v. Andrews, [171]
Gladwell v. Steggall, [75]
Gramm v. Boener, [69]
Goddart v. Haselfoot, [132]
Granger Ins. Co. v. Brown, [159]
Grattan v. Metropolitan L. I. Co., [95]
Gray v. McLaughlin, [97]
Greenough v. Gaskill, [93]
Greonvelt’s Case, [55]
Greville v. Lylee, [142]
Guthrie v. Weaver, [153]
H.
Haguenin v. Baseley, [138]
Hains’ Case, [152]
Hall v. Semple, [146]
Hammond v. Stewart, [26]
Hancke v. Hooper, [58], [167], [194]
Handey v. Henson, [17]
Haniline v. Commonwealth, [174]
Hansford v. Payne, [182]
Harbottle and Wilson re, [27]
Harris v. Panama Railway Co., [103], [113]
Harris v. Russell, [94]
Harrison v. Bush, [136]
Hartman v. Tegart, [36]
Hartford Pro. Ins. Co. v. Harmer, [108]
Harvey v. State, [104]
Hastings v. Rider, [128]
″ v. Whitley, [193]
Hathaway v. Nat. Life Ins. Co., [112]
Haynard v. Young, [193]
Hathorn v. Richmond, [61]
Heath v. Gibson, [59]
Hegerick v. French, [80]
Heinemann’s Appeal, re, [48]
Hewitt v. Prime, [95]
″ Wilcox, [18]
Hibbard v. Thompson, [68], [69]
Hides v. Hides, [140]
Higham v. Ridgway, [106]
Hill v. Featherstonhaugh, [21]
Hills v. Home Insurance Co., [113]
Hitchcock v. Burgett, [148]
Hoard v. Peck, [187]
Hoener v. Koch, [118]
Hoghton v. Hoghton, [138], [139]
Hollenback v. Fleet, [177]
Holmes v. Halde, [80]
Hood v. Grimes, [65]
Horner v. Graves, [193]