The Statesman.
London, England, 1821-11-13 00:00:00

Mr. Serjeant TADDY then proceeded to contend, that
with respect to the cost of the experiments, as they
were not made for the purposes of general science, but
bad reference to this ease alone, they ought to be al-
lowed. Indeed, they were made by a sort of compact
with the other side. They (the defendants themselves)
s:erned anxious that such experiments should be made.
They declared that they would make them, and they
invited the plaintiffs to make them also.
The Cuter JusTace—How much was the amobut of
the property insured?
Mr. Serjeant Lens replied, that it was ripest& of
70,000/.
The CuterJerrice—l think (whether the cost of,
experiments be allowed or not) it was right, in a case
of snch importance, that they should have been made;
but I wish it could be shown to me whether there was
any compact between the parties for making them.
Mr. Serjeant Het.Loca, who appeared for the de-
fendants, here observed, that be knew of no compact
of that nature.
Mr. Serjeant TaDDT—I do not say, my Lords, that
there was a positive compact ; but I remember that.
When the motion for a new trial was argued before
your Lordship, one of the arguments used in support
of the motiotrby the defendants' Counsel was, that a
sufficient number of experiments had not then bees
made. Surely, then. it will net be contended that that
was not an inducement to the plaintiffs to make thou,
additional experiments for which they now claim to be'
al
Mr. Justice Boanouon—There was no contract.
Mr, Sergeant TADDT.—Nose my Lord; but they
challenged us to make the experiments. We have done
so; and I submit to your Lordships that the verdict
being for us, we ought to charge them with the full costs.
Mr. Sergeant HuLt.ocx, is support of the rule,
contended that the case of Lopez, and de Taster,
which had been quoted by his Learned Brother
(Taugban,) was not in point, nor did it bear the in-
terpretation which had been given to it. As to physi-
cians, he had some doubt whether in strict law even
they ought to be allowed for loss of time as such, for
bow was the rule of expenses to be settled ? One
physician whose practise was extensive, might charge
fifty guineas a day, while another might be satisfied
to go to Onildford for fire ; so that there could be
no settled rule. He thought also, though he did not
at all mean it invidiously, that the plaintiffs need not
have sent to the great distance they had done for wit-
nesses, while they could bare got others of equal skill
nearer home. If the principle were to be admitted, a
man might send to Calcutta for witnesses for scientific
purposes, and charge the expenses of the voyage here
and back. At the saltation be did not mean to object
to Dr. Thompson, who be had no doubt was an ex-
tremely clever man. The Learned Sergeant then went
through various items is the bill, several of which be
contended, his clients ought not to he called upon to
pay. There was one item of 2051. for a model of the
premises. Why, if, as bad bees suggested, they had
built a model of exactly the same size as the original,
t!ley might as well charge the price of it, a 5.2051. for
a model. There was another item of 2131. for loss of
time, trouble. and espenses, in making experiments to
S. Pa,kes, Esq. Of this the prothonotary bad de-
ducted 991., but then it was not stated what sum
was fur loss of time, what for trouble, and what for
the expenses. It was the same with the charges to
several other gentlemen. Now he objected to any
thing being allowed for loss of time, and in that
ease he was satisfied, the case ought to be reviewed.—
With respect to the cost of the experiments, be appre-
hended that the best answer had been given by the
Court—in no case that he beard of before this were
they charged.
The Cuter JUSTICE asked what was the rule in pa-
tent cases.
The Prothonotary said that in all such cases a reason-
able sum was allowed.
Mr. Sergeant IleLcoce proceeded.—There was an-
other ground on which be thought the experiments
ou4ht not to be charged. Either there had been seve-
ral experiments made before the new method was
adopted, or they had not. If there had, no additional
experiments were necessary on the late trials. If there
had not, the plaintiffs bad rashly made the risk. and
on.rht not to recover now.
The CHIEF Rs rice.—You forget brother Hullock,l
that this was a patent.
31r. Sergeant HIM LOCK.—That, my Lord, strengthens
my argument, for in that case it mutt have been so
well known, as not to need any additional experiments.
The Learned Sergeant was proceeding to contend that
the division of the costs equally between the two In-
'wince Companies was not the most proper one : but
the Court thought that such an arrangement would
best meet the justice of the case. There were two
Insurance Companies in the case, in each of which
two policies bad been effected, and two actions com-
menced; and though all the actions were not tried,
yet as the same evidence went to all, it was but just
that each office should bear a moiety of the costs. •
The arguments being closed on both sides,
The Cruse Juance asked whether physians were
allowed for loss of time as witnesses?
The Prothonotary replied, that they were always
allowed.
The Court then wished to be informed, whether
there was a particular scale of allowance, for it was
not to be supposed that such an eminent physician as
Dr. Bailey would be allowed according to the extent
of his practice.
The Prothonotary said certainly not. There was
an avenge allowance, and by that the most eminent
physician received only the same sum as the physician
who had got his diploma bur the day before.
The Cuter Juszice.—What sum would you allow?
The Prothonotary.—My Lord, since the allowance
has been raised to barristers, we have raised physi-
cians in' the MOW rank, and they are allowed the same
—two guineas per day.
'Me Cuter Jusucc.—But do barristers take the
allowance?
The Prothonotary.--In some cases, my Lord, it is
allowed.
The Cuter auspice (after consulting for a short
time with the other Judges) said we shall not say any
thing more upon this, than that it must be referred
hick to the muter to revise the cost', and that the ex-
periments are nut to be allowed : nor is allowance to
be made for loss of time as such; but let it be under-
stood that physicians are to be allowed as usual.
The Prothonosary begged to know how he was to
reckon physicians, was it by diploma ?