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

  • Source Note
  • Historical Introduction
Page 1495
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<​March 10​> that this is an action of skill, not general character; that “the character of the parties to a civil suit, affords, in general, such a weak and vague inference as to the truth of the points in issue between them, that it is not usual to admit evidence of this description.” Phillips’ on Evidence, 488.
The has failed to use his privilege, and rebut the ’s testimony by other credible witnesses, if he had any; or to impeach a single witness of the ’s.
The foregoing summary of facts, relating to the case before the court, is deemed sufficiently full, without bringing in every minutiæ, in the recital and cross examination of witnesses, with their technicalities, objections, and exceptions, which while they enlighten one point too often darken another.
The law knows no person till he comes within its purview; and injuries, affecting health, are among the most important cases that call for redress; such “as the neglect, or unskilful management of physicians, surgeons, or apothecaries. For it has been solemnly resolved that mala praxis, is a great misdemeanor and offence at common law,” 2. Blackstone 122[.] The law implies a contract on the part of a medical man, as well as those of other professions, to discharge their duty in a skilful and attentive manner, and the law will grant redress to the party injured by their neglect, or ignorance, by an action on the case, as for a tortuous misconduct,— 1 Saunders 312, n. (2 Blackstone, 122 n7).
Independent of usage or practice, poisonous potions should not be administered to females in any case whatever. The law for such offences declares, that “To kill a child in utero is now no murder, but a great misprison; but if the child is born alive, and dieth by reason of the potion, or bruises it received in utero, it seems, by the better opinion, to be murder in such as administered or gave them.” 2 Blackstone 198, and note 3. Hawkins’ pleas of the Crown 80.
The highest authority upon injuries to women is the law of God: that says, “If men strive and hurt a woman with child, so that her fruit depart, and yet no mischief follow, he shall surely be punished according as the woman’s husband will lay upon him; and he shall pay as the judges determine.” Exodus 21 ch. 22 v.
The law acts by rules and facts, and when clothed in its dignity knows no distinctions; though modestly may suffer violence in darkness, yet upon testimony, justice is bound to bring the offender to light, whether his footsteps are traced among the tombs of the illustrious dead, or his head is pointed out among the homes of the honorable living.
The court decides that the plaintiff recover from the defendant, the sum of his bill. ninety nine dollars and costs.
After I had delivered my decision, I referred to the threat of the ’s counsel, to intimidate &c. Counsel explained satisfactorily
I directed to fix a room to confine the City prisoners in.
I told that I had no objection to him building a brewery.
Proverb
As finest steel doth shew a brighter polish The more you rub the same; [p. 1495]
March 10 that this is an action of skill, not general character; that “the character of the parties to a civil suit, affords, in general, such a weak and vague inference as to the truth of the points in issue between them, that it is not usual to admit evidence of this description.” Phillips’ on Evidence, 488.
The has failed to use his privilege, and rebut the ’s testimony by other credible witnesses, if he had any; or to impeach a single witness of the ’s.
The foregoing summary of facts, relating to the case before the court, is deemed sufficiently full, without bringing in every minutiæ, in the recital and cross examination of witnesses, with their technicalities, objections, and exceptions, which while they enlighten one point too often darken another.
The law knows no person till he comes within its purview; and injuries, affecting health, are among the most important cases that call for redress; such “as the neglect, or unskilful management of physicians, surgeons, or apothecaries. For it has been solemnly resolved that mala praxis, is a great misdemeanor and offence at common law,” 2. Blackstone 122. The law implies a contract on the part of a medical man, as well as those of other professions, to discharge their duty in a skilful and attentive manner, and the law will grant redress to the party injured by their neglect, or ignorance, by an action on the case, as for a tortuous misconduct,— 1 Saunders 312, n. (2 Blackstone, 122 n7).
Independent of usage or practice, poisonous potions should not be administered to females in any case whatever. The law for such offences declares, that “To kill a child in utero is now no murder, but a great misprison; but if the child is born alive, and dieth by reason of the potion, or bruises it received in utero, it seems, by the better opinion, to be murder in such as administered or gave them.” 2 Blackstone 198, and note 3. Hawkins’ pleas of the Crown 80.
The highest authority upon injuries to women is the law of God: that says, “If men strive and hurt a woman with child, so that her fruit depart, and yet no mischief follow, he shall surely be punished according as the woman’s husband will lay upon him; and he shall pay as the judges determine.” Exodus 21 ch. 22 v.
The law acts by rules and facts, and when clothed in its dignity knows no distinctions; though modestly may suffer violence in darkness, yet upon testimony, justice is bound to bring the offender to light, whether his footsteps are traced among the tombs of the illustrious dead, or his head is pointed out among the homes of the honorable living.
The court decides that the plaintiff recover from the defendant, the sum of his bill. ninety nine dollars and costs.
After I had delivered my decision, I referred to the threat of the ’s counsel, to intimidate &c. Counsel explained satisfactorily
I directed to fix a room to confine the City prisoners in.
I told that I had no objection to him building a brewery.
Proverb
As finest steel doth shew a brighter polish The more you rub the same; [p. 1495]
Page 1495