Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-05-17
DR.. SALA WINS
SECOND VERDICT
Acquitted of the Malpractice
Charge, He Receivers on Bill
for Operation.
COURT INsTRUcTs JURY
c. E. Dempsey Ordered to Pay, Fee
of $112 for Services Performed
by Surgeon In 1902.

: Judge w. H. Gest, In the circuit
court yesterday afternoon, instructed
the jury to return verdict for the
plaintiff in the suit for professional
services brought by DIR. E M Sala
against G. E. Dempsey. The amount
sued for was $112, fee for an opera
ton performed in 1902.
Surgical practitioners hereabout fol-
lowed the suit with unusual interest,
inasmuch as 1t involved the profess
sional standing OF one Of the promi-
nent members of their fraternity. Mr..
Dempsey submitted to an operation.
explorative in its nature, as his all
ment could not be diagnosed by ex-
terror examination, according to the
claims of surgeons. No serious condi
ton was revealed by the tncision, and
the wound was sewed up. Thereafter
MIR. Dempsey began an action against
Dr. Sala, alleging malpractice. The
case WAS heard before q jury in the
circuit icourt and the defendant was
acquitted OF the charge. DR.. Sala then
turned his bill for services into the
Stands sof an attorney for collection,
land when settlement was refused by
MIR. Dempsey suit to recover the
hmountswas instituted.
Bars Out Old Evidence.
Trial of the suit was commenced IL
the early part of last week before a
jury. Mr.'Dempsey's defense was that
the operation performed upon him was
unnecessary; that the surgeon should
have known that It was unnecessary,
and therefore was not entitled to fee
fnV R6A nvxyfn
Tense sought to introduce facts ad-
duced in the malpractice action as a
means of getting before the jury evil
dence that had been passed upon by a
former jury, but the court denied its
admittance, and upon a motion of the
plaintiffs attorneys instructed the
Jury to return a verdict allowing DR..
Sala the full amount of his bill
The attorneys in the case were E. H.
Stafford and Albert Huber for the
plaintiff and 8. r. Kenworthy for the
defendant.
I Start RetriaI of Case.
The impanelling Of a jury to hear
the second trial of the damage suit |
brought by Nels Isaacson against the |
city of Moline was commenced this |
morning. The plaintiff seeks to re-
cover the sum of $1,000 for personal |
injuries which he claims to have re- |
ceived as the result of negligence on |
the part of the city. He fell into an |
excavation on Second avenue The |
accident occurred Nov. 5, 1907. The |
case came to trial last term, but the |
jury disagreed and was discharged |
without having reached a verdict Luz
dolph & Reynolds appear for the plain
tiff and City Attorney B. S. Bell for |
Moline.
To Hear Petitions July 49,
The application for injunctions |
against the county treasurer and the |
collectors for the townships of Rock |
Island and Moline are to be heard by |
Judge F. D. Ramsay in the branch /
court July 16. The matter was taken
up yesterday on the opening of the |
branch court for the May term and the |
judge set the date on which he would |
hear the petitions. 1t is expected that
by that time there will be dozen
more petitions in the files of the cir
cult clerk. While not expressly stated,
it is thought that only one of the petit
lions will be decided upon. and that
it will serve as guide for action on
the rest, as they are all of the same
nature They all ask that the county
treasurer and the collectors be enjoin-
ed from making levies upon the prop
erty to secure payment of the capital
against them.