History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
Page 1491
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<March 9> E. H. Mower wrote me from Clinton County, Indiana, that he had recently baptised 32, and a great many <were> enquiring after truth.
William O. Clark gave me a load of corn, and Sandford Porter gave me a hog.
Rain and sleet the whole of the day.
10 March 1843 • Thursday
<10> Clear and cold day.
I opened Court at 10 A. M. Messrs. and [David] Skinner, Counsel for , and Messrs. Marr and , Counsel for , parties present, and many spectators and delivered the following:
Decision
) In Assumpsit.
vs)
)
Mayor’s Court, City of
March 2nd and 3rd, 1843.
This is an action of assumpsit commenced by summons and brought by the to recover damages, as he avers in his bill of particulars, sustained by the by reason of the ’s failing to perform his undertakings, as physician, in a usual and skilful manner, which he had undertaken by his employment and his engagement in attending as such physician the of the in the city of in the year 1842 to do
$99.00.
Also for damage sustained from the malfeasance and misfeasance of the in the treatment of ’s while employed as physician by the to attend his said at in 1842; contrary to the ’s undertaking as such phys<i>cian, by reason of which bad acts and treatment of the to ’s said , in the premises ’s said is greatly injured in her health and put to lasting pain and suffering; and the has thereby lost the services, company and comfort of his said , since said bad treatment of ; and been put to pain, trouble, expense and anxiety, not only from the present loss of said ’s health, but also from well grounded apprehensions of the fatal consequences of the injury done to his said , by said in the premises to his damage.
$99.00
After the witnesses were sworn for the , the s counsel raised an objection to them, on account, that one school of physicians is arrayed against the other. ’s counsel replied that the physicians were only to give their evidence as an opinion of skill &c., for which he read Harrison’s Digest p. 1047. ’s counsel resumed, but the court decided that it could not determine the incompetancy of the witnesses till there was something before the court to shew the fact; therfore the court heard the witnesses.
Mrs Miles—— was at ’s house, on Saturday the 22nd of October, 1842, when , the defendant, was called to administer to ’s , in a case of fever or diarrhea; this was about noon; ’s told witness she did not expect to be confined then nor for ten days, she had been injured by a fright; witness went home, and was recalled about 11 o’clock at night; ’s had some pains then, witness thought they were labor pains; [p. 1491]
March 9 E. H. Mower wrote me from Clinton County, Indiana, that he had recently baptised 32, and a great many were enquiring after truth.
William O. Clark gave me a load of corn, and Sandford Porter gave me a hog.
Rain and sleet the whole of the day.
10 March 1843 • Thursday
10 Clear and cold day.
I opened Court at 10 A. M. Messrs. and [David] Skinner, Counsel for , and Messrs. Marr and , Counsel for , parties present, and many spectators and delivered the following:
Decision
) In Assumpsit.
vs)
)
Mayor’s Court, City of
March 2nd and 3rd, 1843.
This is an action of assumpsit commenced by summons and brought by the to recover damages, as he avers in his bill of particulars, sustained by the by reason of the ’s failing to perform his undertakings, as physician, in a usual and skilful manner, which he had undertaken by his employment and his engagement in attending as such physician the of the in the city of in the year 1842 to do
$99.00.
Also for damage sustained from the malfeasance and misfeasance of the in the treatment of ’s while employed as physician by the to attend his said at in 1842; contrary to the ’s undertaking as such physician, by reason of which bad acts and treatment of the to ’s said , in the premises ’s said is greatly injured in her health and put to lasting pain and suffering; and the has thereby lost the services, company and comfort of his said , since said bad treatment of ; and been put to pain, trouble, expense and anxiety, not only from the present loss of said ’s health, but also from well grounded apprehensions of the fatal consequences of the injury done to his said , by said in the premises to his damage.
$99.00
After the witnesses were sworn for the , the s counsel raised an objection to them, on account, that one school of physicians is arrayed against the other. ’s counsel replied that the physicians were only to give their evidence as an opinion of skill &c., for which he read Harrison’s Digest p. 1047. ’s counsel resumed, but the court decided that it could not determine the incompetancy of the witnesses till there was something before the court to shew the fact; therfore the court heard the witnesses.
Mrs Miles—— was at ’s house, on Saturday the 22nd of October, 1842, when , the defendant, was called to administer to ’s , in a case of fever or diarrhea; this was about noon; ’s told witness she did not expect to be confined then nor for ten days, she had been injured by a fright; witness went home, and was recalled about 11 o’clock at night; ’s had some pains then, witness thought they were labor pains; [p. 1491]
Page 1491