, 1860-10-27
LEGAL INTELLIGENCE.

TIE F1sHRR-SroSE 8LASDER SUrr.-On &C
count Of the wellknown position Of the parties,
tho amount Of damages claimed (eo0O00) the
peculiarities Of the case, its interest in medical
point Of view, and the ability o. the Counsel
engaged, tho suit Of Samuel Fisher, u. D., vs.
II. o. Stone, Esq., now on trial In the Circuit
Court, is attracting much attention in the city.
The following isa brief summa1yof the Glcts
aud the respective claima Of the parties, 80
far as eau be gathered ut this stage of the case.
Dr. .Fishersomc three years sinccattcndcd the
wife of the defendant during her INST SUCCESS
full accouchment, continuing his visits during
the usual professional period, after which an
interval of eighteen dats elapsed, during which
the patient Was, though feeble, sitting up and
regarded as conyalescent. Toward the end of
this time, she was, upon one oceasion, sitting
ut the piano, playing and singing in a loud
tone. -.
Shortly after, about the tweaty-clghth or
twcnty-n1nth day succeeding ACKNOWLEDGEMENT,
Dr. Fisher was again summoned, and after an
examination, made ut bis second Visit, de-
clared the patient to be suffering from IN in
version Of the uterus, DR.. N. 8 Davis, being
called in consultation, confirmed this diagno-
sis, aud an immediate replacement WIS I'D
vised. For some reason, this wis not asscnted
to, and sfr. Stone visited the EasR for medical
advice, accompanied by his wifs.' At Geneva,
y. T., q successful cure was effected, replace
Incnt being made, and the sufferer restored to
health
In the interim, sfr. Stone commented freely
upon the case, to some ono about to employ
Dr. Fisher, in terms which compose the NJ
Legged SANDER, and which suf1lcsd 10 deter the
party in question fro1n' securing the medical
services Of DR.. F.
Regarding these structures is unfounded,
Dr. Fisher brings this suit for the maintenance
OF his reputation. The defendant justifics, as
scrting the truth OF his comments.
The theory Of the defense, is that the invcr-
sion existed, either wholly or partially, during
the period Of ten days Immediately succeeding
the confinement. That 1t was either caused
BY unskillful treatment On the part Of Dr.
Fisher at tic time Of delivery; or that, ut
least, there were symptomsl present Which
should hare excited apprehension in the mind
Of any competent physician otthe presence Of
some unus u:L affection, but mbre particularly
indicating the precise condition existing, and
that the l1ou-discoyery Of the state Of the pa
ticat, during this ten days, allowing the conl-
plrtc development Of the nlalady, showed neg
t,cncc and incompetence on the part Of the nj
tcndant physician, Dr.. +.
The theory Of the plaintiff is, that the inEer-
sion did not take place, either: wholly or par
TALLY, till the cessation Of the ordinary visits; /;
and, then, not gradually but spontaneously
That II was 4 malady to which tlt patient,
from previous i'll health, was peculiarly dis
posed, besides being in itself Of so rnEc an oc-
currcncc is not readily to suggest its presence
to any practitioner by the symptoms manifest
I'll, rff ~ n
iIy refcrab1e to more common cnuses. That
slight aud seemingly insufficient causes would
produce it; aud that, under the circumstances,
thc violent sioging furnished an abundant e1-
citing cause
Is will be seen, the case hangs TO great
extent upon the medical testimony which will
he offered. Realizing the Importance Of this
fact, tic counsel have obtained, in addition to
the testimony Of our eminent home practi-
tioucrs, yoluininous dispositions from those
abroad who are ranked us ''authoEities" by the
profession. ::
Among those from the city to be examined,
arc Drs. Davis, Br;,inard, Miller, Byford, john
include the testimony Of Martyn Paine, IL. D.,
author Of ''Thc Institutes Of Medicine" &c.
&c, Prof. Of Therapeutics and Mat. Med, in
the University of n. T.; Cunning 3. Bedford,
author Of several standard works on Diseases
Of Women aud Children" Prof: Of Ob3tetrics,
i'll the UnlveTslty 0l y. IL ,(Aas'U. Me1ns,
author Of, several obstetrical, works, Prof. Of
Afidwifefy; inJetferson Medical College In
Piila.; John Dclalnater, Prof Of Obstetrics in
Cleveland Medical College; Prof Henry Miller,
OF Louisville Medical College, autAor of a work
on Obstetrics ;Chas. A. Lee formerly Prof
essor in the Buffalo Medical College; and 9TH
crs.
The attorneys for the plaintiff are Gookfns,
Thomas d. Roberts, Thomas Hoync ofcounsel;
for the defendant, Monroe g. Spencer, John
Van !Ar1nan Of counsel
The plniutitf closed his case on Thursday.
The testimony Of the defendant will probably
OCCUPY some ten days, and Till rrblttfny proof
for the p1aintif will still farther p1otract the
trial. festcrday WIS occupied with reading
thc deposition Of Prof. Miller. DR.. joel K.
Gore, Of tli@ city, was introduced rs 4 witness
to explain tho technical phrases to the jury,
and illustrated their meaning by actual speci-
mems. :
The case is one of great interest to the mcdi-
cal profession, and has already called forth
much attention. 4 statement Of the medical
facts, and some Of the depositions tob read on
the trial hare already been widely circulated
through the medical journals.
Ali members Of the American Protes-
}nrf Asenef1f;ou nrn i1vi+ef IN ynrrt NJ onr