New-York tribune., 1875-05-14
THE EYE AND EAR INFIRMARY SUIT.

CHARGE OF JUDGE VAN BRUNT-VERDICr FOX 1hh
DEFENDANTS.
The suit of Edwin p. Doyle against the
NewYork Eye and Ear Inhrmary and Dr. Robert H.
Derby. which begun Monday in Supreme Court
Circuit, before Judge Van Brunt ended yesterday
Judge Van Brunt in charging the jury told them that
however great the sympathy the boys terrible misfortune
might excite they to be guided by that They
try plain question Of fact Had Dr. Derby after
knowingly using brush eye diseased with certain
c0ntagion used 1t aferward without proper precautions
on eye the plaintiff thereby causing the oss OF the
boys sight Physicians in their practice gave no guar
antee of cure but they did guarantee that they would -e
their best Abilities and that they were acquainted Win
the ordinary appliances and means of their procsson IN
the cure OF disease II did not fall every to attain
proficiency in his profession but physician
In undertaking case, must be supposed To Know tine
ordinary appliances and literature Of his profession and
question OF DR.. Derbys skill knowledge. That was
conceded. The question was was no guilty OF criminal
negligence in using a brush affected with poisonous
virus of the kind named by the plaintiff without taxing
those means to purify it, which ne knew would Kill the
Judge Van Brunt then rapidly stated the plaintiffs
case The boy had previously had disease @ OF 'e n eyT
having fresh attack he came to the Institution and was
day ON that day the plaintiff says that he the
brush which was applied to his eyes used on oter per
application produced new ana entirely dner- hnseno
ent sensation from what he had ever before
eyes. eye: ' and making him stagger into dark hall
from which, after some little time, he went into the
On his way home. at time which must have been be-
tween 3 and p. M. he met Dr. Hannah, who noticed notice.
Tuesday his right closed and mis- left began to be
affected, but DR.. Noyes who saw him On Wednesday
when lie back to the Inlrmary, says that his rgns
eve was not closed then. on Wednesday the boy VIVA
advised INTO the hospital 81 being named as the
price his board for two weeks This, DR. NOyes cx-
plaincd was not made demand. but IA statement
OF expected from those who could afford IL Ine
boy did not return, and that AFTERNOON, i1s ne ana
his family clam-On Thursday DR.. Hannah testified,
from memorandum OF visits DR. Hannah was called
ton They did not improve under the treatment adopted
and Monday Dr. hoyes called in. and found the
sight gone DR. Hannah says that DR.. Noyes approved
ms treatment, which DR. NOyes denies; but DR.. N0yes
admitted asking II the boy was affected with cOhL'-
gios disease. The boy not Affected unless III hIs
eyes, ana Dr. Hannah claimed that he knew that the eyes
were affected with this specific contagon because the
discharges were more grcenisb than usual .
The answer of Dr. Derby was two-fod; First. that
there had been patient suffering from hs specific
II he had no reason know SUSPECT that the brush
had been mpregnated with the virus he was not Liable
the strength which DR. Derby used must destroy tr
vitality Of the specific poison referred TO- To TINS an e
lively That stated that physicians doubted
this The solutions used by DR. Derby were TO- 80 and
5ograns to the ounce Ii was the universal testimony ei
the doctors that the communication OF the speeinc
poison referred to would cause no more pam
that it nianntory Effects would not he Developed
at least hours. while Dr. Hannah noticed the nllam,
nation in three hours, and the pintln STARED
that the pain continuous. Finally. the experts
stated that there no possibility Of Distinguishing
0phthlma arising from this poison rom any other opn
thamia except by history Of the case $500
II DR.. Derby was at fault, the Judge said that ne
lie warned them AGAINST taking his rulings the law
any guide To mis- opinions on the facts dc donbied
very much in any the Infirnary could he held
liable. but his mistakes could be correced theirs cod
I'm ten minutes the jury brought in verdict for de
fcnd.nts. j. c. Campbell appeared for piantih. = r.
Nash Tor the lnhrnary and Mr. S~cAhey ior Dr De'oy'