The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1911-06-06
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( At q session of court held on Thursday,
Judge Horner announced that In the Pat
: rick ScuIlY estate, of Florence, he had
filed an order with the Surrogate sustain
ing the will.
On the application Of Howard Eastwood
the court appointed Reginald Branch,
Of Burlington, administrator with will
annexed of the estate of Christian WeY-
man. He is to furnish bond In the sum
Of 81, 1000. This action was taken because
Jacob Wilson, the surviving executor,
had refused to serve.
There had been caveat filed to pro-
bate of this will, and counsel represent
ing the caveators was allowed fee of
5000 out of the estate. The court said
this sum was not ample compensation,
but suggested that counsel had a client
who had received large legacy. and
fee might be secured from that source.
The amount allowed counsel was for the
purpose of discouraging such proceed
ings when there was not much justifica-
tion for them.
The first case to be tried by jury was
the suit brought by DR.. Mitchell p War
muth, a surgeon connected with the
American Stomach Hospital, of Philadel-
phia, to recover $500 from William B.
Wills, of Mount Holly, for an Appendix
cital operation performed at that institu-
ton on Friday, May 4, 1909.
As result of his efforts to get rid of
what he thought was indigestion. Mr..
Wills communicated with the hospital by
telephone, and as the department heads
were not present at that time, he was re-
quested to call at the Office of one of the
surgeons, DR.. Lewis Brinton. The latter
examined Mr.. Wills and was paid $50 for
his services.
DR.. Brinton told Mr.. Wills that his
condition was more serious than stomach
trouble and that he had appendicitis. 1t
was on the advice of this physician that
Mr.. Wills entered the hospital as he was
told that an operation was necessary to
save his life.
| DR.. Brinton recommended DR.. War
muth as a competent surgeon to use the
knife in this case. "The usual charge by
physicians of the standing of DIR. War
muth In appendicital cases Is 81 900" said
DIR. Brinton, who also declared that Dr.
John B. DeaYer is not recognized as a
leader In such operations any more than
some others.
While on the stand Dr. Warmth stated
that nothing was said about what the
charge should be when Mr.. Wills request
ed him to perform the operation The fee
of $500, he said, was considered a reason
able charge among physicians of repute
and standing in Philadelphia.
The plaintiff was represented by Geo.
B. Evans.
In opening for the defence, v. Claude
Palmer referred briefly to the opera
ton, stating there was desire to pay
reasonable sum for the work performed.
Mr.. Willis was sworn and told of his
visit to the office of DR.. Brinton. The
latter said he was not satisfied with the
examination he made and advised the de-
PENDANT to 60 to the hospital, where Dr.
Warmth said to Mr.. Wills: "You are
not in very serious condition, but you
may have another attack, and I advise
you to have the operation now as your
physical condition is fairly good" Mr..
Wills replied: 81 don't want an operation
If it can be avoided. but l am in your
hands, gentlemen, and submit to your
judgment. Nothing was said except as
to whether wanted to be free or pay
patient. looked upon the bill Of $500 as
hold-up, as excessive. l paid all the
hospital charges for board. etc., and
through my attorney offered to pay what
was regarded as reasonable price for
the operation. From what heard at the
hospital l thought the operation was
forced on me-"
with the defence had ceased their high
finance talk as to the price paid for such
operations, which ranged from s., 900 to
81, 900, Mr.. Palmer showed by the re-
ceipts of witnesses what doctors had &C
tually charged people living In Mount
Holly, on whom they had operated on
for appendicitis, as follows:
Eckard P. Budd, operation on his son
Harold, by DR.. Mordecai Price, $125. The
physician said the boy was within two
hours of death. ''Why did you go to
this hospital p Mr.. Budd was asked. 'Be-
cause l was told that Dr. Price was one
of the leading surgeons In the United
States" Rudolph Kumpf, by DIR. Kenne-
dy, assistant to DR.. Joseph Price, 800;
John W. Harris, by DR.. John B. Jobson,
$110; Elwood Stead, by DIR. Joseph Price,
$125; Robert Peacock, Of Florence, by
DIR. Beaver, $50. This patient had pri-
vate room at $15 per week and was not
asked if he could pay any more.
Dr.. Richard @. Darlington, of Mount
Holly, a member of the State Board of
Medical Examiners, was the next witness.
He declared that from his standing in the
profession and from his knowledge of
what doctors would charge In such cases,
the sum of $3.50 would be considered rea-
sonable, and many times they get much
less. DR.. Darlington had personal knowl-
edge of DR.. Beaver charging $3.50.
The jury rendered verdict In favor of
the plaintiff for $175 with interest. While
the suit was for only $500. one juror vot-
ed for $500.
Elwood Wells, of Mount Holly, who
had been adjudged in contempt Of court
for disobeying an order In connection
with proceedings taken against him for
the collection of grocery bill due Geo.
W. Durand g. Son, was brought before
Judge Horner. In his attempt to settle
the matter the young man found that the
court was no collection agency. The de-
fendant was committed to jail for two
weeks, but he was released the following
morning.
No cause of action was the verdict in
the suit of John W. Cunningham against
DR.. George H. Wilkinson, of Moores-
town. The plaintiff claimed that when
he asked for Glauber salts at Wilkinson's
store he was given pulverized tar cam
phor aud the dose given killed horse
and two pigs. He asked for 1858 dam
ages, but the charge was not substantial
ed.
A voluntary non suit was granted in
the case of E. A. Strout Co. against Sam
uel Lutz. The plaintiff claimed a com
mission on an alleged sale of Lutz's prop