Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-10-29

to be the organ taken from Mrs. Cos
griff they must decide what it proved
The judge said that the operation
was for appendicitis only and that Or.
| McSweeney claimed the patient should
| have been cured within three weeks.
He said the jurors must consider the
question of whether or not the pain dis
appeared after the operation and must
also consider the examination made
January Sth. as both facts were in dis
putc.
Docs the testimony tend to show that
at the time she left tho hospital she
was cured of the disease for which she
was operated upon? on this question
! there is a dispute of evidence You will
| bear in mind the examination made by
| IDr. Lund. two or three days after her
return from the hospital, and his testi-
mony that she was suffering from fe-
| male disease, and that she might have
| acquired it suddenly but his opinion
was that the ailment was chronic. If
! Mrs. Cosgriff had female disease which
| Or. McSweeney did not discover and
/ did have a diseased appendix. he would
! not be in fault for removing the APP
| peudiX. He would be if the appendix
/ WAS not diseased rnd she was suffering
/ from the other disease only. The plain
! tiff largely relies upon the fact that
| tho pain did not cease with the removal
! OF the appendix. Whether it did or not
You are to Judge by the evidence. If
/ the defendant made an honest mistake,
( diag nosed the case as appendicitis, per-
/ formed an operation skillfully and
| carcfully. finding the appendix not dis
eased, the court cannot instruct You
/ that he would then he liable.
With reference to the expert testimony
given the court told the jurors it was val
liable only upon the existence of the facts
inquired into. He said the jury must not
consider the remarks made by Mr.. Cos
griff against DR.. insolvency only so far
as they tended to show that the suit was
| brought with malice and for the purpose
Of nJuring DIR. McSwecney's character
| and practice.
In closing the court said that the plain
| tiff could recover only for the physical
suffering underwent by Mrs. Cosgrin and
| could recover nothing for services lost.
The time of u jurors, the presiding
judge assistant Judges, clerk. stenograph-
cr. sheriff and deputies, four attorneys,
three parties in the case ana many wit
nesscs for four weeks with nothing to
show for it is the result of the case
brought by Garrett NJ. and Margarie NJ
Cospriff against DIR. +. II. insolvency for
tn, recovery of 5000 damages for alleged
malpractice. The case has cost the State
i'm the vicinity of 5000, to say nothing
OF the expense which has devoVcd upon
both plaintiff and defendant, And after
al was over the T. men, to whom the
r,so was euh,nittad could nor ,prao and
60 ronorted and were DISCHARGED
Tho Jurors received the case Friday af
ternonn at ,hout 3.30 o'clocl, and if was
cnntidcntlv cxnoctod nv the large crowd
tb,t had knut watch of the raso mar
tbn,- vo,,1j not he otit ovor an hour Two
honr rolled hv and nnnthar noesnd I'm,
elm nothi,-~ was hoard from tho jurors
1he court room was lighted thronphou,
tho evening blt The iurors w.ro sin
u.rastli,or ,v,tb tho urohlr,n am, II u.,s
not until nine o'clock saturday mornjn,,
mar ,hcv were hoard FROM
When co1rt came in - ,irod and ,,o,,,
iurors wore ushnroi into tbo rnar, ~,
poptity sheriff LORD. Thcy came for rn ~,
thnr instructions from, .JiIdp. T,.I.r m
norncinp thai they could mot ncroc ,rbo
foreman g W stevens nr rnItor ..id
Tho iIIrors wanted moro information ,hn,,t
mo aunordfx uo asked if th.. tn,,n,t
the annondix to be hut sIiphtIv 'li.n,,,d
oud r,t ,hn coueo az Nre rt.o,.;ff,. ai
ro,iId tbrv lind the ounr,tior IN, m. Mn
Sy,norov INSURANCE
mo cou,t iuformod Thorn thu, Tho o,,,o.
tton was for them tn dncido oncor,1i,,,,
70 the evidence. lie thon ro-rnad tho3
marian of inc chorre affac,irc tI'o