New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-05-09

that disease might have been caused by the
enema Ii pistol bad baenfred into sons
fieshy part of her body while she was labor
ing under an attack of fever, the ball itseI
might not have produced death, but the
shock by aggravating the fever probably
would. Under these circumstances she
would have died of yellow fever, but hel
death would have been superinduced by
the shot. SO In this case. The deceased
was suffering under an attack of yelo v
fever. lt was violent attack; quiet and
repose were. Of all things, most necessary
to her safety. She was dangerously i'll, il
| Is true. But she had at least one chance toI
her life. and the injection Of this violen,
and exciting substance into particularly
sensitive portion of her body took, in our
| opinion, from the unfortunate woman the
| one chance which was left to her She
died, it ID true, from yellow fever, but it
| was the enema which made the fever result
| fatally.
The next ground of defense is, that de.
PENDANT can not be condemned unless the
plaIntlf proves that he was some way in
fault, and that he really might have pre-
vented the act which caused the damage.
In one sense it WAS impossible for him to
have prevented the calamity, because he
was not in the city. But if master is only
to be held responsible Tor the act of his ser
want, when he might have prevented the act
ana DID not, there would be no responsible
W IN the pIincipa! except for such acts as
were done IN his presence Ii this was the
law, II the driver of a carriage owned by
the keeper of public stable wantOnly ran
INTO anu destroyed the carriage of another
the owner OF the public carriage could not
De held responsible for the damages caused
by MS servant, because it was no fault of
MS that the other carriage was run into. II a
man Is run into by q careless car driver the
company in whose employ the driver .s can
not be held responsible because it was not
the c0mpanys fault. Bat We know that
TINS has never been considered law. and
mat where Injuries have occurred as the re-
suit OF carelessness on the part of the en-
ployes of such parties, the PRINCIPALS have
been made to respond in damages
He lurther attempts to exculpate himself
IRON the fact that the clerk who compound.
90 the prescription was reported to be
competent druggist.
10 certain extent he has established
TINS; that is to say, he has produced num-
Der OF witnesses who testify in that direc-
tion. But there is one recommends ton he
did not have, and that was a diploma. II
IS not pretended that he was graduate in
pharmacy from any medical institute. Il
may, however be assumed that he was
competent. The defendants liability wouId
De none the less certain. The defendant ia
represented as being most compe
tent druggist. If he had made the mistake
would his proficiency in his calling shield
him, or would it not rather suuruyato H.
|ault! ee'. 'Ao
lncompetency or carelessness-and such
mistakes arise from one or the other OF these |
in the same wav. Either or
Doth produce suffering. and sometimes |
ieath. And can it be that if physician |
mould prescribe for his slightly ailing pa
lent small quantity of calomel and soda.
lnd the druggist were to substitute arsenic |
or soda. that he could shield himself from
he consequences which might result by |
aging, II the prescription was compounded
~ himself, that it was a mistake. and if
he act OF his servant that he could not
ave prevented III The law does not place
community In the position of being poi
oned ny mistakes, with no one to be held
therefor. If it was the master
Fho did the wrong the master is respon-
ible.
1t 1t was his servant who did it, he ia still
for the master IL responsible |
DR. the acts OF his servant when done in the
Curse of his usual employment.
Inc last serious defense set up is that the |
nema dld the patient no harm MANY
MUSICIANS were examined on this point, and
ounsel tor defendant. in the very a bl. brief |
hich he furnished us, says: with sur-
rising unanimity these physici ans, every
ne OF whom have had large experience in |
le treatment Of yellow fever, declared the |
tect would have been beneficial! rather
Ian injurious"
AS we have said before, Mrs. McCubbin
as taken Ill on Monday, the twenty-sixth |
August. Ga tho Wednesday following
10 enema was administered. Up to this
me the patient bad been quiet The nurse
int RI Oh: =
yer began to abate, and the physician I
10 he found her much better; that he was !
,lDg to order mixture which would act I
ke charm, as she was not sweating freely
lOugh. Ihe enema came, and this is how
10 nurse who administered it describes its c
fects: "As soon as l gave it to her she c
to complain; she said, 'Ol, a
lrse! Gont give me any more, for !.
DDS sake; it will kill mer I sunpose il
gave her one-third of it; she was e
mplaining all the time set the cup Il
'wn on the bed and called McCubbin (who n
ID lett the room at his wife's request when p
@ nurse was about to administer the q
ema) and told him the injection made her b
ry Ill. 1t made her that ill it threw her G.
to spasms. She commenced throwing up Il
q Aurglng down, and was in great agony, "
3 got easier afterward." o
McCubbln swears that when he got ND | Of
hrs his wife was Strengthened out and Is
most black in the face, and apparently in u
asms or a fit. He says: II put nv hands d
derneath her to raise her from the bed; &c
worked IN the spasms about three min. OF
IS, and in her spasms both purged and al
MlIed at the same moment which seemed e.
give her some ease. oh, my God. WILL
SAID, what have you given me am M
on fire; am burning" And 80 she kept n,
you could hear her until ten o'clock at pt
hit block off, and she had never made OF
lOan before w
he attending physician was sent for i'm. tn
dlately. 1t was a season of calamity. yt
physician Was in full practice. and to
'rylng, as he was, from patient to patient, tb
Ia not be found. Late at night he came N
his own accord. Discovering her con. br
on, he Immediately denounced the mis- wi
Q which had been made; said to several re
were present, and at various times, co
the injection had injured her; took the no
tie himself to the druggist to see whether
chance he had made the mistake in to
ting out the formula and Is shown to mt
9 said that but for the injection his no
ent would have done we'll He did all res
Is power to remedy the evil which had tn
n done. Nothing that was tried tor her In
81 succeeded. She sank gradually from an
time the enema was administered until NE
,e days afterward, when she died. he
hen scientific gentlemen undertake to ex
us, under such a state of facts, that the fol
no. as administered, was benefit TO ga
patient instead of an injury: that a da
stance as powerful as alcohol, in which caI
phOr, violent stimulant, has been dis ere
ed. can be injected into one of the ten of
st parts of the human frame, when the in
ent is suffering from severe attack of pre-
| disease as the yellow fever is, without de-
z any harm, but, on the contrary, doing sh,
!, we see in our minds eve the unfor- ca,
lte victim upon whom the experiment XII
been tried. az she is described By the nel
Iesses, writbing in agony, dying, dead. wa
we say that dreadful fact alone DESTROYS It'll
he fba,,,Ac .n1 ,,-a 81, l., 4 FL.