The Portland daily press., 1873-04-01
Letter from Knox County.
THE MALPRACTICE CASE.
tFrom our own Correspondent
RoCur AMI Moroh Q1

[From our own Correspondent
RoCKLAND, March 81, 1873
| Never has case excited more general inter-
est throughout the county, or been fought inch
| by inch as the malpractice case of Dr. VIM. A.
Albee, of Union, which closed last Friday night
at eleven o'clock with the verdict of $1,000 for
the plaintiff, after trial of fifteen days. The
facts of the case, briefly, are these:
In April, 1871, DR.. Abee was called to Mr.
Sayward's home to see his little boy four years
old, who had fallen from cart, and, as was
supposed, broken his arm. AT the end of the
twenty-fourth day the arm had become morti-
fled and was amputated just below the shout
der. The plaintiff claimed that the arm had
been bandaged so as to prevent circulation and
that the defendant had been guilty of neglect.
The defendant claimed that his treatment had
been interfered with, and that fire weed poul-
tice. and the oil of egg had been applied with
out his orders.
During the trial the Court room has been
crowded with spectators and friends of the par
ties more particularly interested in the case
While Hon. A. P. Gould, counsel for plaintiff,
was making his closing argument, crowds of
spectators on the stairs, and in the street be-
low, were unable to find even standing room in
the hall, and SO deeply interested was the audi
ence, that for four hours 1.-THE time occupied by
Mr.. Gould) hardly person left the room, or
manifested the least uneasiness. The defend
ants counsel, Hon. A. G. Jewett of Belfass,
occupied three hours and Judge Cutting was
two hours giving his charge to the jury The
sum sued for was $4,000 The child with his
mother was present and attracted considerable
attention while Mr. Gould touchingly alluded
to the boys irreparable loss and the mothers
too, for it was her only child, and her husband
was wasting away under the influence of a dis
ease which would eventually terminate his
life
DIS. Buxton of Warren, Walker of Thomas
ton, who performed the amputation, aud Drs
y. ID. Estabrook, and T. L. Estabrook of Rock
land, examined as experts for plaintiff did not
discover evidences of fracture ST the bone, but
pronounced it bad treatment; while Drs Banks
and Frye of Rocklnnd, and j. G. Brooks of
Belfast, examined as experts for defendant, on
the hypothesis that defendants testimony was
true, pronounced the treatment according to
ordinary skill and practice in the profession-
As the doctors testifying as experts enuncated
contradictory theories, many thought the jury
would disagree, and more especially from the
fact that the judge charged the jurw to consid-
er the difficulty of deciding case where doc
tors disagree.
The jury, however, returned in tw elve hours
with the verdict given above. The blow is
severe one to Dr. Albee, financially, though he
has many friends able and willing to assist him.
The trial has been very expensive one, some
twenty-five witnesses having been called and ex
amined.
~
1t has been said on good authority that DIR.
Atoee offered to settle the case without going to
law py leaving it to committee of three, one
to be chosen by Mr.. Sayward, another by him
self, and the third by the two combined, and
that ne agreed to furnish bonds to comply with
their decision, but the offer was rejected Law.
yer Moore of Thomaston served as associate
counsel for plaintiff, and Mortland of Rockland
for defendant. KAI GAR.