The Sun.
London, England, 1849-12-04 00:00:00

tVbMbition

SUN OFFICE, Seven o' Clock.

EXCHEQUER.-(THIS DAY.)
(Sittings at Nisi Prius in Middlesex, before the LORD
CHIEF BARON and a Common Jury.)
TICKERS W. BRUTON.

This was an action brought to recover 42/. for surgical
attendance and medicine. The defendant had paid 25/.
into court, and as to the residue pleaded never indebted.
Mr. Knowles and Mr. Pulling appeared for the
plaintiff, and Sir Frederick Thesiger and Mr. Hayes for
the defendant.

The plaintiff was an eminent surgeon residing in
Baker-streer, Portman-square, and the defendant for
nierly carried on the profession of en attorney. He was
a man advanced in life, and of feeble constitution. In
November, 1847, the defendant was a passenger by the
Great Western Railway from Maidenhead to
London, and when the train arrived near Slough
it was met by a luggage train, and in con-
sequence of some neglect on the part of one of
the servants of the company, an iron bar belonging
to one of the luggego vans got out of place, came inn,
contact with the lamp of the carriage in which the de-
fendant sat, and, as he was rising, struck him in the face,
knocked out two of his teeth, and iefl:cted some severe
injuries upon the jaw. The assistance of a medical man
at Slough, named Nubland, was immediately procured
by the company, and he recommended the removal
of the fractured portions of the jaw, but the defendant
objected to this, and said he should like to consult Mr.
Vickers, his accastomed medical attendant, and he was
ultimately removed to the residence of the plaintiff in
Beksr-street. Ile was taken to an hotel in Manchester-
suare, and while he was there he was most
anxiously watched by Mr. Vickers, who did
every thing that medical skill and kindness could suggest
to alleviate his sufferings.. When the defend iot got
slightly better he was removed to lodgings in Harley.
street, and subsequently went to the Club Chambers in
Regent-street, and during the whole time he seas at
those places the plaintiff con!inuel in constant attend-
enee upon him; and in consequence of his great care
and skill the defendant's jaw was saved, and he
was now in the enjoyment of perfect health.
The defendant, it appeared, was visited by Mr..
Liston, and that celebrated and skilful surgeon
declared that the plaintiff had by his care and k kill
effected a complete triumph in surgical art, such as any
medical man might be proud of. The defendant after-
wards brought an action against the company des recover
compensation for the ie jury he had received, end the
company offered 3001. to compromise the action, but
the defendant thought the sum too small, and re-
fused to take it. The case was put down for
trial at Reading, but the company having, in the MAU-
timo, ascertained the serious nature of the accident, in-
creased their offer to 4001., which was ultimately ac-
cepted. Nottsithstanding this c7rcumstance, and the re-
storation of the defendant's health, he disputed the pay-
ment of the account, alleging, first, that 151., and after-
wards that 251, was amply sufficient for te plaintiff's
services.

Sir FREDITICK TursicEn, on the part of the defen-
dant, said he had no intention to disparage the shill of
Mr. Vickers, nor the real character and nature of th:,
s..rvices rendered, but ho was compelled to say that
there had heir. a great deal of exaggeration in the case
for the purpose of enhancing his met its, and, consquently,
his remuneration, but be should chow that the stun which
had been tendered to the plaintiff, 231, was not
only amply sufficient to covar any claiAl in respect of his
s,rvices, hat was more than he was actually entitled to
charge.

M. Chapman, a general practitioner, residing in
Edward•strcet, Langham-place, examined by Sir F.
TuEsimn, said that the sum ordinarily charged for
visiting a patient would depend upon the circumstances
cf the case, upon the situation in life of the patient, the
duration of the visits, and the nature of the complaint.
SirF. THESIGER—Taking inOconsideration the condi-
tion in life of Mr. Shipton, what do you think would be
a fair and proper charge for the plaintiff's visits, inde-
pendent of the medicine? Witness—We have, if I may
so speak, to appraise our patients—(Laughter)—that
to ascertain what they are able to pay.—(Laughter.)
Sr: FREDERICK TIIESICER—You would, for instance,
charge more to a Duke or a Marquis than to a pro-
fessional man? Yuu would make his Lordship on the
bench pay a larger sum than myself for medical attend-
ance? Witness—Yes.—(Laugh ter.)
The CHIEF BARON—Perhaps your income, Sir
Frederick, is a great deal more than mine.—(Continued
laughter.)
Witness—l have beard the account given of the ac-
cident, and the circumstances which attended it. There
have been thirty-seven attendances, and forty draughts
and nineteen bottles of lotion, have been supplied, cud
the whole charge is 381. 17s.—at the rate of about a
guinea a visit. I never heard of a general practitioner
charging a guinnea for each attendance of ordinary
duration. The question, however, is an invidious
one, and it is exceedingly difficult for me to estimate Mr.
Vickers' talent, but being compelled to come here, I em
bound to ray that I would not charge that earn. For
the first visit and consultation, when the jaw-bone was
adjusted, I would have charged one guinea, and seven
shilings for every subsequent attendance, and one guinea
for the consultation with Mr. Liston. I would have written
prescriptions for the medicine or supplied them myself
rather under druggists' price. The amount of my charge
at this rate. supposing there were no prolonged visits,
would be 211., which I should think would be a very
fair remuneration.

Other medical men were called, who said that 5s , 75.,
and lOs., were the ordinary charges for visits by a gene-
ral practition' r, and that the charge seldom exceeded
half a guinea; but one admitted that a guinea might be
a fair Oarge, and that it was a rule among medic tl men
of rel. to refuse a good fee.—(Laughter.)
Mr. KNOWLES replied.
_ _ _ _ _

The Learned Jurch having summed up the evidence,

The jury retired, and after being absent for a eon-
sidcreble time, returned into court with a verdict for the
-plaintiff—Damages 401., inclusive of the sum paid into
court.