The Law and Medical Men

THE LAW 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 . . . iii

 TABLE OF CASES CITED . . . vii–xiii

 CHAPTER I.

 EARLY PRACTITIONERS AND LAWS . . . 1–14

 CHAPTER II.

 FEES . . . 15–31

 CHAPTER III.

 WHO SHOULD PAY THE DOCTOR . . . 32–41

 CHAPTER IV.

 WHO MAY PRACTISE . . . 42–54

 CHAPTER V.

 NEGLIGENCE AND MALPRACTICE . . . 55–81

 CHAPTER VI.

 CRIMINAL MALPRACTICE . . . 82–92

 CHAPTER VII.

 PROFESSIONAL EVIDENCE . . . 93–107

 CHAPTER VIII.

 MEDICAL EXPERTS . . . 108–120

 CHAPTER IX.

 EXPERTS IN INSANITY CASES . . . 121–128

 CHAPTER X.

 DEFAMATION . . . 129–137

 CHAPTER XI.

 RELATIONS WITH PATIENTS . . . 138–148

 CHAPTER XII.

 DISSECTION AND RESURRECTION . . . 149–159

 CHAPTER XIII.

 DENTISTS . . . 160–173

 CHAPTER XIV.

 DRUGGISTS . . . 174–188

 CHAPTER XV.

 PARTNERS, GOODWILL, ASSISTANTS . . . 189–195

 INDEX . . . 197–214




TABLE OF CASES CITED.


 A.

 Abernethy v. Hutchinson, 195

 Adams v. Stevens, 17, 18

 Adler v. Buckley, 20, 21

 Ahearne v. Hogan, 141

 Allen v. Davis, 140, 172

   ″  v. Eaton, 132

 Allison v. Hayden, 16

 Alpen v. Morton, 137

 Anderson v. Burrows, 146

 Andeureid’s Appeal, 138

 Anon, 134, 190

 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

 Baxter v. Gray, 18, 19

 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. Sheppard, 99, 101

   ″  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

   ″  v.