adds to his venerable appearance. There was a general disappointment expressed that Dr. Caldwell was not made the President of the association, as was anticipated by a large portion of the profession. By the election of Dr. Mussey, as President, the association have shown that they are wedded to the past rather than the future; and although there seemed to be considerable dissatisfaction with the nomination, the conservative influence prevailed. Dr. Mussey, however, not having the proper physical attributes for a presiding officer, discreetly withdrew and left the chair to be occupied by the Vice Presidents. As yet there is scarcely enough of the spirit of progress in the association to make a vigorous effort; but it is evidently increasing, and we learn that more liberal measures are about to be brought forward by the members.

Dr. Caldwell, Dr. Warren, Dr. Davis, Dr. Mitchell, and many others who have something of the spirit of reform, might easily give a liberal tone to the asssociation if they would unite their efforts for the welfare of mankind and go forward with a respectable show of moral courage.---Cin. Daily Times.

ACTION FOR SURGICAL ATTENDANCE AND THE SUPPLY OF MEDICINES.

EXCHEQUER CHAMBER, December 4. Before the Lord Chief Baron and a common jury. Vickers vs. Shipton.

Mr. Knowles and Mr. Pulling conducted the case for the plaintiff, and Sir F. Thesiger (with Mr. Hayes) appeared for the defendant.

This was an action by which the plaintiff sought to recover from the defendant the sum £38 17s., and a further sum of £3. 3s., for surgical attendance and medicines supplied.

The defendant paid the sum of £25 in court, and pleaded that beyond that amount he was not indebted.

It appeared that the plaintiff is a surgeon of some eminence, in large practice, at the west end of the town, and that the defendant is a retired attorney of an advanced age and feeble constitution. On the 23d of November, in the year 1847, the defendant was a passenger in one of the trains of the Great Western Railway at Maidenhead, for London, when, as they were arriving at the Slough station, their train was met by a luggage train, and an iron bar which ought, but for the negligence of the servants of the company, to have been securely bound round one of the luggage vans, came in contact with the lamp of the carriage wherein the defendant was seated. Observing this concussion, and the danger which threatened him, the defendant was in the act of rising to avoid the blow, when he was struck with much violence upon the cheek, by which not only were two of his teeth knocked out, but his jaw was fractured. Upon their arrival at Slough, the defendant was taken out of the carriage, and the company's servants instantly sent off to obtain the medical attendance of a Mr. Mor

blad, a surgeon in the village. On making an examination of the fracture that gentleman advised that the defendant should submit to have the fractred portions of the bone removed. To that proposal, however, the defendant demurred, remarking, as well as he could speak, that he should prefer consulting his own medical friend before such a course were adopted. That medical friend proved to be the present plaintiff. Eventually the proposition of Mr. Morblad was not acted upon, and the defendant was removed to London, laboring under severe and painful suffering. Upon their arrival at the Paddington terminus, Mr. Morblad accompanied the patient to the house of the plaintiff, at 32 Baker street. From that gentleman's presence the defendant was conveyed to Forde's hotel, in Manchester square, where he was attended and most skilfully and carefully watched and treated by the plaintiff. Indeed, it would appear that he had done everything that skill, energy and kindness could suggest for the alleviation of the defendant's sufferings. When the defendant had got somewhat better, he was removed to lodgings he had formerly occupied in Harley street, and there he continued, as heretofore, to receive the attendance of the plaintiff. He was also visited by the late Mr. Liston, the eminent surgeon, who said he regarded the result of the plaintiff's care and skill as a triumph of surgical art, and as a monument of skill which he or any other medical man might justly be proud of. In consequence of the great care and skill which the plaintiff had exhibited in the treatment of the case, the defendant's jaw was set, and finally preserved, and in the end he had effected a most perfect cure, and the defendant had ever since enjoyed excellent health. In the course of time the defendant commenced an action against the Great Western Railway Company for compensation for the injury he had sustained. The Company had made an offer of £300, and to pay all the costs incurred, by way of compromising the action. It chanced, however, that this proposition was declined. Upon the day on which the trial was to have come on, the Company having in the meantime made some further inquiries as to the nature of the accident and the sufferings the defendant had undergone, as well as the extent of the medical attendence, they increased their offer to £400, and the payment of all costs. This second proffer was accepted. By-and-by, however, the present defendant cavilled at the amount which his medical attendant, to whom he had been indebted for the preservation of his jaw, had charged, and therefore the present action had been brought for its recovery; and in reply, the defendant had urged that £15 would be ample remuneration, and eventually he had paid £25 in court, and pleaded that to no larger sum was the plaintiff entitled.

In support of the case for the plaintiff, it was proved that the case had been one of extreme danger, the more so as erysipelas, and even delirium tremens, was very liable to supervene; and that

although it had been recommended by Mr. Morblad that the fractured portions should be removed, the skill and constant attention of the plaintiff had rendered such a violent course to be submitted to by the patient unnecessary. It was also proved that the attendance of the plaintiff had been constant, frequent, and on many occasions of protracted duration; that those attendances had in point of number amounted to 37; and then it was stated by several medical practitioners that the charges which had been made by the plaintiff were fair and reasonable, and that the custom with a general practitioner was to charge half a guinea for an attendance, and in some cases also to charge for the supply of medicine at a price somewhat lower or about the same as that charged by the druggists, instead of the ordinary charge of an apothecary. It did not appear, however, by the testimony of these witnesses, and there was any general rule or custom in the profession as to the mode of charging.

Sir F. Thesiger, on behalf of the defendant, said, it was not his intention to disparage the skill or abilities of the plaintiff in the case. No doubt the services of that gentleman had been of great value to the defendant; yet, even though they had been so, he was prepared to contend that the charges of these services were extravagant, and that the sum which the defendant had paid into court, namely £25, was an ample payment.

A number of medical gentlemen were called to show that the charges were exorbitant, and very different from those which they should have made in a similar case. The majority of these witnesses appeared to think the custom of general practitioners, in respect of their charges, was, that where they charged half a guinea for the visit they did not make any charge for medicine, but that in cases where the medicine was charged, then there was either no item for attendance, or at all events a very much smaller one 5s., or 3s. 6d. even. Where a consultation was held, the general practitioner would charge one guinea, and if the attendances were of long duration, probably more than half a guinea would be charged; but they stated that if the particular case were of a nature to demand a second visit in the course of one day, they would not, as the plaintiff seems to have done, charge for that second visit. The plaintiff's account exhibited 43 visits, and a supply of 40 draughts, 19 bottles of lotion, some box or boxes of ointment, and some lint.

The Lord Chief Baron said that he had been making a calculation of these items: it was this-if 5s. were charged for each visit that item would amount to £10. 15s.; if 1s. were charged for each draught, that would be £2 more; if the 19 bottles of lotion were put at 3s. 6d. per bottle, that would be £3. 6s. 6d.; and then 3s. 6d. for the ointment and lint; so that, taking all these items together at that calculation-for, with respect to the visits,

the witnesses for the defendant said that 5s. was the usual charge where the medicine was made a chargeable item of-at that calculation, therefore, all the items would amount to £16. 5s. Now the defendant had paid £25 into court. He did not say that the latter sum was too much or too little; that was a question altogether for the jury to determine.

Mr. McCann, of Parliament street, stated that his charge would be half a guinea a visit in such a case, without charge for medicine; or if the medicine were charged for, he should not charge the visit, if in town.

Cross-examined.-He thought a guinea for a visit was fair and reasonable, if it could be got. (Laughter.)

The Lord Chief Baron.-Or two guineas, perhaps?

Mr. McCann.-No doubt, for they all took as large a fee as they could get. (Renewed laughter.)

Sir F. Thesiger asked one of the witnesses whether he would not make a charge of a larger fee to a duke or a marquis than to a person in a lower condition of life.

The Lord Chief Baron could not think this was a fair question to put in the present case. Rank had nothing to do with it.

Sir F. Thesiger submitted that it was important that he should show that fact. For instance, he himself should not expect to be charged so high a fee as his Lordship. He should expect that his Lordship would be charged more than himself. (Laughter.)

The Lord Chief Baron.-I should hope not Sir Frederick; for I dare say that your income is considerably larger than mine. (Renewed laughter.)

M. Knowles replied, and

The Lord Chief Baron told the jury that he had been endeav oring to discover whether there was any general rule or general custom of charging amongst the medical profession, but he had watched and searched without the least approach to success. The question, therefore remained for them to say whether the £25 which had been paid into court was a sufficient and fair sum as a remuneration for the very valuable services which the plaintiff had rendered to the defendant. He could not avoid saying that it was to be lamented that the defendant, who had retired from the legal profession, should have forced the plaintiff, as well as himself, into all the terrors and expenses of a law-suit in such a matter, especially as he was now enjoying all the benefits arising from the plaintiff's skill. It would have been far better had he called in some mutual friend to arrange the affair.

The jury retired at half past 2 o'clock, and returned into court at 25 minutes to 5 o'clock, with a verdict for the plaintiff-damages £40, including the £25 paid into court.-London Med. Gaz.

NIGHT VISITS.-Within what hours ought physicians and surgeons to consider their visits as "Night Visits," and charge for them accordingly? This question has recently been submitted to, and solved by, a legal tribunal in Belgium. After hearing various witnessess, it was decided, that all visits made between 9 A. M. and 6 A. M. ought to be regarded as night visits. This decision seems to be just and reasonable, both to patients and medical men. Jour. of Med., June, 1849.

Chloric Ether in Surgery.-On Saturday, March 2d, several adroitly performed operations took place at the Massachusetts General Hospital, (under Dr. Warren, Sen.) Each patient, successfully brought into the amphitheatre, was subjected to the anaesthetic influence of chloric ether, which is preferred by several of the surgeons of the institution, it appears, to chloroform or pure ether. The fearless mode of using it, shows why so much fault is found with these agents in private practice. The mouth, cheek and nose being freely oiled, a large dish sponge is fully saturated with the fluid. Three or four ounces, perhaps, are poured on, and then it is applied over the face. Being soft and yielding, the sponge fits admirably, and should the patient incline to withdraw, or twist himself in the chair, no injury can ensue. If the evaporation is too rapid before sleep is produced, another dash from the bottle usually completes the preparatory process. All the mechanical contrivances heretofore devised for the administration of these sense-destroying medicines, have wholly disappeared before a simple sponge. Enough of the atmospheric air finds its way through the walls of a soft pliable one, to obviate any danger from the want of it. If the lips and nostrils were not protected by oil, they would be severely excoriated by the chloric ether. This is a precaution, consequently, never to be lost sight of, under any circumstances. To us, the odor of this article is delightful, compared with that of ether; and if it takes a little more time to put the patient in circumstances for an operation, the agreeableness of the article is more than a compensation for the delay.-Bos. Med. and Surg. Jour.

COLLODION IN BURNS.-M. Vallette, surgeon to the Hotel Dieu in Lyons, uses collodion extensively in the treatment of burns. The first effect produced by its application is refrigeration; it also contracts the infiltrated tissues, and effectually excludes the air. It has been observed, moreover, that the resulting cicatrization is more regular than under other forms of dressing.-Prov. Med. and Surg. Jour., Dec. 26.