The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-03-29 00:00:00

VESTRY MEETING,
LIVELY PROCEEDINGS-A POLL
DEMANDED.

WAREHAM.
ACTION AGAINST A MEDIC AL MAN.

.£2OO DAMAGES CLAIMED.
At the Want), rue County Cunt, on Thursday, Mr.
irjeant A•kinaoii, lodge, was engaged with two assessors,
Mr. W. Wyke•Suoith and Mr. C H W. Parkinson,
surxeons of Wimborne, for over Ore hours, in hearing the
action of Stit v, Stsinthorpe, +blob hod been /Mt down
for nisi from toe glichequer Division of the High Court
above.
M'. How int, of Weymouth, was for the plaintiff, and
Mr. Giles 8) no mds, of Dorchester, for the defendant.
Thu statement of claim as set forth by the plaintiff's
soliciiors, Meagre. Marehfleld nd 11 ls+ u'e ..—.OKs, was as
follows :—"Thist on the 15th of June the plaintiff broke
hit thirh, ant the defendant attended him and undressed
him. Os the avenine of the 1111 Ma day the defendant set
the thigh, but he performed the operation in • negligent,
cireleu, and unskilful manner, and also neglected to use
prop-r appliances for the performance of the operation.
Anil by reason of such negbgence,careleasneee, and policy.
joiners On the defendant's part the plaintiff's leg is sh mixt"
than it wan beton it was broken, and the plaintiff had
sudered great pain, and has been for along time, and still
is, disabled from attendlng to his business, and has
susisinsrl great halt •" n, iintiff claimed 000 demurs.
Hi. Honour hiving st ited'tiost as 11. question involved
woo ode of • medical nature, he had engaged the assistance
of two rote. simal gentlemen as assessors—Dr. Wyke•
doiiib and Mr. C. H. W. Parkinson.
Mr. Howard briefly opened the ca.se, recapitulating the
facts and the noture of the plaintiff's claim. He then
called
Jesse Still, the plaintiff, who raid he was a jonimayman
milli r, and worked for Mr. Beggs, of Stoke Mill., near
Wareuarn, from whom be received as wages about Al •
week. On the 15th of June, last year, be was working at
he mill and was engaged in carrying sacks of wheat.
While so' einnloyed his foot slipped, and he fell, breaking
his thigh. This was about two o'clock, and he was put
Into a waggon and taken to his lodgings. Dr. Dani•L Mr. 1
Bag's medical man, was sent for, but he was not at
home. T e defendant was then sent for, and arrived
about three. Ho put his leg straight, and said he would
come in the evening and set it, About seven that
evening the defendant then came, and had him
shifted into a it ck bed, and than put some splints on,
and wadding and violet powder each aide of the leg. He
alio put a band round the leg at the part where it was
broken, which was just above the knee. No bonds were
out to bin body or weights to his feet, but he was told to
lit as 'quietly as he could, as the quieter he lag the bet'',
it would ho for hun. Defendant um* the next day and
four or nee following days, and looked at his lee, and
rubbed it up and down, but did nothing else to it. On the
sumeeding day he unbuckled the strap and looked at it.
About a week elapsed, and then he measured it with a
piece of tap.. as be said be did not want one shorter than
the other. He said it was going on all right. He measured
it a day or two after, but did not to anything beyond
tightening the strops • hole or two. He remained in bed
See weeks and two days, but the defendant did nothing
e tempt to put the inside splint which bad slipped in place.
At the end of that time he took off the splints and put on
• starch bandage, and told him he was to put on his
. .

erl‘;t-hTs—and—ite-t-"oul Pi-clod-re— it he could. His wife helped di.ability or inability, as the plaintiff bed . . ~..sied to
him out of bed. and with the assistance of a man and • call it, that preven'ed him going to work. He would can
brush, he msnaged to get to another house about 100vde. witnesses, gentlemen of eeperience in hospital treatment,
y, where be remained two or three weeks. Defendant and • gentleman *tromp! to none in the profession, and
al"; him the morning after the got there, and again told they would argue that, although there was some shorten-
hire to get out and have as much freak sir as he could Mg, it was not more than might naturally have been
He did not think Its had a ding for his leg the first time expected in an ordinary owe of fracture, and that really
he went oot, but he bad one ..n the second occasion, as the and truly the man had got no substantial reason to coca.
cl.fendant recommended it. Thom were all the mechanical plain, and that he might consider himself very fortunate
arrangements made by the defendant. His leg was now it was not worm Chu' it was. He than called
shorter than the other, and he could not get to his Mr. Longmont, professor of military surgery at Natio',
businees. He was in a club at the time, but the defendant Hospital, who said he had examined the plaintiff. He found
was not tbe club doctor, the thigh had been broken, apparently at tile junction of
Cr examined : lie was • married man, and had a the middle and lower thirds of the thigh. By eyeful
family. They were nut to service. lie first sent for Kr. measurement he found a c-rtain amount of shortening—
Daniel ,_his family doctor, but he did not tell defendant over 1 inches and under 111 inches-nu the result. The
this, he had been working at the mill nine years, and bone had united in a very fairly etralent direction, of
got 17.. a week and some perquisites, such as "tatty" course with thickening when' the tincture had been. He
sound. He never made any complaint to the defendant; bun I the action cf tlle knee Joist and the other joints
be did not know but it WY going on all right. Before the was petted, Which was important Altogether, with the
Whets were applied they were wrapped in a table-di:lth, ereeption 6t the shortening, the limb is in a most
I After his master, 11r. Beggs, saw hinc lier. Wahl' came satisfactory c.onditen, in its normal partition, he would
wad saw him. Hie meter to him he wad to show hi. leg think.
SO TA, Daniel. He Was lodging at the time at Mrs. Taken as a whole, is there any indication that the man
laswee's, tu Weu.street, and afterwards he went to Mrs. hashed anything like uxsucoeefatl treatment 1-...1 should
Beenet's. Dr. Daniels felt his lag and measured it. He say not.
had no bandages on at the time. They only remained on And the shortening you speak of Is not beyond ewer
ten days. He tmk them off himself. 'Defendant told him day experience I—lt is heyoed every day exparionee, if 2
to do so, at least he told his sister to tell him. He had understand you to mean the averags,
also thrown away the sling. After the examination Dr. But shortening itself is not beyond every day
Daniel did not say anything. lie had since been examined experience I-oh, no' and A have seen much more. I
by Dr. Patinas, of Poole, three medical men brought by myself do not belive that' in any oblique fracture of the
the defendant, and gem gentlemen who were present that thighr wont& weer get union without shortening, what.
day. D. Stainthorpe asked him to meet Dr. Lys at his ever e'hoodebrireatment
house, but be declined. He also went to Dr. Beirehent. le ere anything to be complained of against the
because he was not satisfied with Dr. Daniel, an& he told medical man in this particular cum f—No, the treeementaf
him hi. leg was • good deal ebortair than the other. No cases must differ. The circumstances of thia were
one sent him there. Dr. lioreham did not decline to inter- eery different to what they would he in a hospital, where
fere and say it would he an improper thing for him to do, there would be all mustier of appliances, skilled nurses,
Ho belonged tithe" Victoria" Friendly Society, of Font- and all the necessary requisites &hand,
well Magna. He consulted his solicitor about three months You have heard hoer the fracture was reduced, with
if tergi,,-.- agzleleat He had not got his expenses in this those &Bats end I sable cloth gni wadding, world that
ease guaranteed, and he had never told the Rey. Mr. be rou ,he of matpractice?-17nder the particular
Stokes his solicitors costs were guaranteed. He did till alroumetancee I should any not, Fractures are treated in
him he was in the hands of his ...bettor, tall he dtff not such a variety of say by different surgeens—for instance,
think he also said of the dostoey as welt; 'he wouldn't say Sir William Ferguson's plan I have seen frequently
he didn't. lie had beep eery lame ever since; not always applied with very fair results—and he had known &Wore as had al to-day. Sometimes he was better, sometimes set limbs merely by putting the patient on, ha side and
worse. He was obliged to use • stick. lie got about most doing altogether without extension.
days. When defendant saw Min go a little limping, he By his Honour: He used vithension himself as • general
told him to have a piece pot on to the heel of his boot. It rule, or did while nractislog. He wee not alluding to his
was in consequence of having been told one leg was shorter own practice, but It • surgeon Of very great eminence,
than the other that he had thie grievance wine' the why neererred treading fractures without extension.
defendant . kixantination continued: Wined is your opinion with
Re-t-Isruined : Bis mute; 'led t thee emit inteeset in , reference to what 1 shall call the care exhibited in dealing
his csA", er.4 it Was in consequenca of lit, directions he ' with the thee, Were it my own I should regret the
want and saw Dr. Daniels, sh.rteuing to Vie extent it 1.. I should regard it ea
Hie Honour : Yr. Justice Martin once said that nosey difficult t i say what the 44444 ge shortening in obligees
the dill orinpacc.l.4oo.B.4r74thes.
meritorious roars of action would perish hut for the intr. fractures woul I Le. I should look for from Ito I inch,
ference of some benevolent outsider. (A laugh.) It excites With the exception thet it is beyond st,3 average, /
say
a smile, but I think ho Won (03., righ,. tho win basin admirable hint, Vid, I certatittir cannot
Mr. It milted said after that "'env ition of His Honour's bel.eve that be is nut sititeek, uf course, won't say too
there was no need for him to par it: that line of examine. such crushing weight! V he had when he fell, over atwo
Don further. get—out to welt any distance, ani do anything with
so,tivon of • thick sole to make up
Witness c. ntinued : Since June he had burn .nellrled tkatAieth Mat any man can do wean he ha. the nee
by the club, which allowed him 10, a week. Ur ' titil.i
bad pent him dinners. Be wpe. ect now be awri• • tee
Ir‘,ll.tmeee,Dlsa fact, tt,hleurlsiotnsarkeisitnatopeinayotour
mill, This •;',l from i4asuiitt,•mot Ideelise it should
be bronght forward at Ws triar, eritia ern which • • barn heard ?
Hr Dr. Parkineon :He went shout without • sling or j Mr. Howard olsj rets.l, ant ti, question was not prettied.
bandages six weeks and five days else the accident—by Crest-examined •. The atm ince of extension might lead
defendant's wish. He bed gensrellY enjoyed good health, to shortenint The use of it would depend
he did not know any of his family were bow-legged, but a , stance& The alterientng wotii.i t,o m...,..1. uPm's eilf°4".•
brother bad h.,1 a lee taken off from an aroldent. ithe highs- n
, ' the fracture. He agre•od etch the o,ther edict' 'p
By Dr. Wyk' Smith:• Difendiutt polled his leg • little that in the splints there Wlte an, ahem fin
men, at the time be was puttng on the splints, and told him eatorufoo,
co o any means mat
. to call out when it bort.
Mr. Baggy, miller, living near Wareham, said the torill'ir-Lutiarn,stisda thseollsoltwteerofthtirdhatiknincL ......1
iczertro.t,c7,....d
plaintiff was in his employ at tine time of ti 22 witi..„
Dr. Parkinson : Supposing
Hie wages were 174 1 week best lee overtime, s aye • By
the defendant had
, Wes about lea Us bad net been able to work since measured the leg from time to doe, he woof,' not have
' snakiest% and he had another man in his pleat complained of hM not neingamemeem