The Sun.
London, England, 1824-01-05 00:00:00

FINLAYSON v. ELMS.

This was a writ of inquiry for the assessment of damagTs
sustained by the plaintiff, in consequence of the negligence of
the servant of the defendant, who is a stage-coach proprietor.—

The damages were laid in the declaration at 2,0001.
Mr. F. Por.r.ocs was for the plaintiff.
Mr. IngEsti, a surgeon, deposed, that he was called into the
New England Coffee-house, to attend upon the plaintiff, on
the 20th of May. The plaintiff's leg was broken. The
fracture was a compound fracture, of a very desperate nature,
and witness did not conceive it to be propLr to proceed in such
a case, without having a consultation with some eminent
practitioner, being of opinion that amputation of the limb was
absolutely necessary. Witness advised that Mr. Travers,
one of the surgeons of St. Thomas's Hospital, should be called
in, and that gentleman accordingly attended the plaintiff', whose
life was for some time in a very precarious state, and who
suffered dreadful bodily pain from the injury. Mr. Travers
also conceived amputation to be necessary, and performed the
operation. His charge war 50 guineas, and he told the witness
that he could not take less. Witness's charge for attendance,
which was given from the 20th of May to the 17th of December,
amounted to 105/. The plaintiff went out of town in July or
August, having been recommended by Mr. Travers and the I
witness to do so, as the wound had begun to assume an un-
healthy aspect, and required change of air. Witness went with
him to Rarnsgatet where the plaintiff remained two months, and
where the wound improved, but was far from being healed. It
was scarcely cicatrized yet. He used a crutch, but could not
mix in active life.
Cross-examined by Mr. PHlLLlps.—Plaintiff was a literary
gentleman, and the editor of the London Price Current, and
the injury he received must have interfered with his occupation.
Witness believed that he was now capable of carrying on his

literary avocations.
Re-examined.—Mr. Travers was in extensive practice, and
50 guineas was the least that he could have expected for his
services.
Witness could never think of taking off a limb with-
out assistance, and was of late years mere of an apothecary
than 9f a surgeon. Plaintiff was in danger of hernorrhae while
he was going to Ramsgate.
Matthew Make,. a waiter at the New England Coffee-house, that the plaintiff was taken into the coffee-house on the
20th of May, and remained there until the sth of June. The
charges there were 51/. h. I Id. Plaintiff was known to wit-
nessro his business from nine in
the nfi
oo
rr
nyi
enagrst,illanedigahltwianytshaetteTeendneidng.
Cross-examined—This bill was a very little one for 16 days.
The bill was not paid.
Re-examined—Plaintiff was a married man, and had two
children. His wife slept in the coffee-house ; they occupied 3
rooms. It would not be worth while for the proprietor to let
Pro_portion.
three rooms at a lower rate than that at which the plaintiff had
them. There was no extortionate charge ; breakfast was only I
attended all the time by medical
a sh
Peterillin gii
.Moore,
, ever thin
servant
ti itnog
eel else er
iiani. n t i
if
stated that his master
Inwaesn,fivaendweweeknat
oant
cßroamteisiges!„ _

Cross-examined—Plaintiff kept 5 servants.
Mr. CHARLES PHILLIPS then addressed the jury for the
defendant. The Learned Counsel contended that the literary
labours of the plaintiff could not have been long impeded by
the accident, and argued that the want of proof that the de-
fendant was able to pay heavy damages deserved particular con.
sideration.

P, said the jury had to eon_
The SECONDARY, in summing u
cider the amount of the injury already sustained by the plain-
tiff. his past pains and sufferings, and the probable injuries
consequential upon the loss he had sustained.
Verdict—Damages, 500/.

One of the keepers of the forest of Marty was
lately killed by some poachers of a neighbouring village. The
keeper's dog, on returning home without his master, indicated
by plaintive howlings, that some misfortune had befallen him.
The wife of the keeper followed the dog, who led her to the
place where her wounded husband lay in the forest. He lived
two days, and was able to describe his assassins, who have been
apprehended and lodged in the prison of Versailles.