The Portland daily press., 1894-05-17
THE DOCTOR UPHELD.
Trial of an Interesting Case at Houlton-
Judge Strout Made an Honorary Member
of the Aroostook Bar.
Especial to the Press.1

LOpoCldi W IuC IItcS.i
Houlton. May 18th, 1894. Today wit
messed the close Of an interesting trial
which has been in progress in the Su-
preme Court here, before Judge
Strout. for the last four days and half.
Frank A.Nevers, a physician and sur
geon of this town, brought suit to re-
cover s51. so from the defendant, Benja-
min B. .Feeiey. for professional services,
in August. 1898, the principal charge
being for redu cling two fractures of the
legs of the defendants son, child fve
years of age. The contest was not upon
the reasonableness of the charge for such
services, but upon the question whether
in his treatment OF the fractures the
plaintiff used that ordinary care, skill,
judgment and attention that he should
have used. The defense contended that
he did not, and that his treatment was
an injury to the child and of no value.
The boy was injured by being run
over by a loaded team, or by falling from
it on Saturday, August 18th. The
plaintiff was Immediately called to at
tend the injuries. He was accompanied
by DR.. E. W. Stevens of Philadelphia, an
eminent surgeon who was visiting here
at the time. They found the patient
suffering from shock, and ON examina-
tiOn, as both testified, found a fracture
of the thigh bone of each leg. They
reduced the fractures, it was claimed.
and left the patient doing well. On the
following day he was reported as doing
well, and on Monday was found as well
as could have been expected. At the
expiration of three or four days the de-
fendant called upon the plaintiff and ex-
pressed some distrust as to the treatment
that the child had received, and desired
the opinion of some other physician. A
consultation was suggested with DR.,
Coter of Woodstock, OF Dr.. Sanger of
Bangor, but the defendant preferred DIR.
Cary and DR.. Williams of Houlton. To
this the plaintiff said he could not
agree as he was not on good terms with
those physicians, and after several
conversations the defendant relieved the
plaintiff from the further care of the
patient
The defence claimed and introduced
evidence to show that after the fractures
were treated by Drs. Nevers and Stevens
the child began to suffer great pain, and
that his sufferings continued to increase
unJil the third or fourth day, when the
defendant called upon the plaintiff and
informed him that, while he did not
know but that his treatment might be
right, still he felt alarmed at the condi-
tion of the child and would like the
opinion of some other phvsician; that
the paintif suggested Drs. G ater and San
ger, but that defenda desired Drs.
Carey and Putnam, to which the plain
tiff would not agree, as he was not en-
good terms with those doctors and could
not therefore meet them in Consultation.
The defendant testified that he then in
formed the plainif that if he could not
go to the patient with those gentlemen
they must 60 without him, and that he
| then considered the plaintiffs connec-
tion with the case at an end.
Drs. Carey and Putnam made an ex-
animation ON Thursday, five days after
the injury, and found as they testified,
| the left leg swollen and discoiored and
the bones out of place, while in the right
fracture to the left limb was reduced,
the right limb was released from the
splints and bandages, and the child s
sufferings ceased and his recovery was
rapid.
The defence sought to show by expert
testimony that the plaintiff did not use
ordinary and reasonable surgical care
and skill in his treatment of the case.
The plaintiff on the other hand, con-
tended that his treatment was such as is
allowed by the best surgeons in the
country and approved by the best medi-
cal authorities, and further sought to
show by expert testimony that the fail
ure of the.ph ysicians to discover the frac-
ture of the right leg at their examination
Thu rsday. five days after the injury,
was due in a measure to the fact that
primary union, which progresses much
more rapidly in children than in adults,
had prog ressed so far as to render it i'm ;
possible for them to discover the frac-
ture at that time. This, the defence
contended, was improbable, if not i'm
possible The case was very fully and
ably presented and argued by Don A.
81. Powers, ESQ.,, on behalf of the plain
B. Madigan, Esq, for the defendant.
The case was submitted to the jury
this forenoon, and in about an hour and
q half a verdict was rendered for S51, so.
the full amount claimed. The intense
interest in the suit was shown by the
crowd that thronged the court room dur
ing the four days and half occupied
bv the trial.
The court adjourned finally today, after
a very busy term of II working DAYS.
There were eight jury trials and seven
verdicts, there being .one disagreement
in criminal case.
Thomas Watts, for assault with intent
to kill, and Norman A. Hathorn, for
forgery, were each sentenced to the state
prison for two years. Nine persons were
ilaturalized, and seven divorces were de-
creed. Liquor fines were collected dur
ing the term to the aggregate amount of
S4570
Judge Strout's first term has been "a
most successful one. His popularity as
presiding Justice was shown this after
noon. when at meeting of the mem bers
held after the adjournment of the court,
ne was made an honorary member of the
Aroostook bar.
To Shoot at Bath.