1. travel
2. transports
3. road travel
4. road accident

A
MALPRACTICE
SUITj
AND
OTHER
THOMAS
MISCELLANIES
MEDICAL
HALL
SHASTID,
A.
M.,
1906
MARION
PUBLISHING
MARION,
ILLINOIS
CO.
M.
D.,
LL.
B.
MO'O
1906,
COPYRIGHT.
BY
THOMAS
HALL
SHASTID
TO
THE
DANGER
REPUTATION"
ALWAYS
ALMOST
OF
LOSING
THE
HOPE
TO
SOME
THE
TO
OF
IN
PROFESSIONAL
UNTRAINED
JURIES
BOOK
IS
PROFESSIONAL
SALVATION
AND
IMATE
LEGIT-
DOCTOR
t
PREHEND
COM-
TO
IN
DEDICATED
IT
SOMEWHERE,
STRUGGLING
DAILY
EVEN
LITTLE
TIME,
MEANS
SOME
HOME,
OF
THIS
THAT
BE
HOUSE,
YET
INABILITY
SCIENCE,
MEDICAL
OVERWORKED
UNDERPAID,
ALL"
THROUGH
SINCERE
OFTEN
AMERICA,
OF
AND
PHYSICIANS
MAY
PROVE
THE
CONTENTS
Page
I.
How
SUPPRESS
TO
A
MALPRACTICE
SUIT
11
"
II.
GRATITUDE:
SPONTANEOUS
33
RECOVERY
"
III.
MEDICAL
INSTRUCTION
OF
LAITY
THE
IN
LAY
THE
"
PRESS
IV.
41
FIRST
His
CATARACT
17
"
V.
TRIALS
TRIAL-CASE
THE
AT
65
"
VI.
REALIZATION
DEATH
OF
77
"
.
VII.
COMPULSORY
EXHIBITION
IN
PERSONAL
INJURY
"
CASES
VIII.
83
CIRCUMSTANCES
WHICH
UNDER
COMPULSORY
BITION
EXHI-
"
WILL
BE
ORDERED..
115
NOTE.
Of
miscellanies
eight
the
Number
book,
Medical
Review
American
II
has
;"
Number
Medical
York
VIII
and
York
in
are
in
appeared
III,
in
of
Medico-Legal
Louis
"Journal
IV,
while
Numbers
in
appearance
The
Journal."
this
"St.
Number
Journal;"
process
the
the
make
to
go
Association;"
Medical
"New
which
of
the
in
the
VII
"New
the
including
rest
"
the
title-piece
appear
"
Possibly
character
is
miscellaneous
intended
of
they
that
be
are
is
as
to
is
apology
an
of
their
interest
the
for
now
for
due
first
the
time.
somewhat
ogeneous
heter-
"miscellanies."
these
miscellanies,
character,
to
doctors.
My
and,
they
are
also,
all
cuse
ex-
that,
at
least
I.
HOW
TO
SUPPRESS
MALPRACTICE
A
SUIT.
I.
HOW
SUPPRESS
TO
Catch
the
A
other
MALPRACTICE
the
in
doctor
SUIT.1
and
case
suppress
him.
Oh,
another
the
is
the
Well,
how
I
attempt
justification.
the
the
of
suppression
by
review
It
is
getting
useless
for
the
much
the
I
brief
of
the
adequate
an
ways
about
but
for
medical
the
history
offer
to
malpractice,
of
a
like
little
a
method.
better
I
ways,
wheelbarrow,
am
do
how
case?
perhaps,
seem,
before
suit
a
him?
the
those
velop
de-
symptom.
suppress
in
blighting
scarcely
consideration
a
which
in
in
you
may
plans
would
non.
qua
whose
malady
provide
very
sine
a
the
is
He
the
without
that
is to
tap-root
a
is
always
party
nourishment.
its
doctor
to
This
nevertheless,
1
other
man
as
He
do
pass
to
the
single prodromic
a
the
suppress
malady
suit
action.
as
and
Before
the
essential
as
malpractice
much
so
simply
the
behind
specific microbe,
influence
justify
just
is
there
doctor;
doctor
the
of
the
getting
is
affords
mainspring
will
A
suit
He
tree.
you
is another
doctor.
brings
He
there
yes,
typical
it
is,
And
to
for
the
I
will
case
of
question.
attempt
to
patients,
or
their
to
avoid
natural
11
suits
or
for
legal
malpractice
guardians,
to
12
You
are
a
hard
education
physician
and
be
one.
to
discipline. All
added
for
uncompensated
work.
out
have
you
for
spent
with
for
rest, both
who
work
to
serious
return
study
the
to
even
however,
labor
at
without
to
clientele
that
begin
get
you
to
were
a
therefore
you
void.
"
of
worked
ing
clamor-
And
is
toil is
more
of
merely
the
only
of
idea
one-half
may
brain
of
hour
be
to
this
at
hands
the
allowed
of
skilled
un-
some
that, in
suit
universally
sated
uncompen-
even
millenaries
practice
practice;
of
last, however,
A
"
of
not
be
horrid
more
foreknowledge
case
to
still
unpaid
money
will
of
years
centuries,
practice.
few
not
an
be
Not
graduated.
came
At
pay.
good
a
"
certain
as
making
held
There
time
would
in advance
agree
of the
treatment,
are
hard
you
brain
were
your
end.
an
much
so
money
repetitiveacts
you
were
dragging
seemed
they
by, and
went
of
good
were
they will beg
and
the
worked
you
people
mechanical,
then,
lengths
been
their
at
even
you
performing
which
with
general
drill and
gratis ;
of
tremely
ex-
occupation.
manual
Time
technical
nerves
that
such
of
years
mental.
and
do,
to
striven
Perhaps
labor
sometimes
they
as
than
"labor," yet only give
actual
hands.
remark
to
far
Those
muscles.
laugh,
perhaps,
physical
I wish
exhausting by
it has
study-wearied
your
point
very
And
inexperienced
when
often
of
privilege
money,
"
To
labored
you
the
have
you
years
this time
money
paid
to
get
have
you
SUPPRESS
TO
W
HO
years
much,
unfavorable
brought.
a
you
did
and
more
but
final
a
little
outcome
Such
against public policy
tracts
con-
and
A
than
more
would
professional
children
than
is
dollar
a
dollar
every
for
of
approaching
also
to
moderate
rival.
and
you
The
cautious
Your
feeling grows
fortune.
in
are
you
day, in
sitting in
about
of
top
every
that
dollar
little
room
but
that
you
for it.
that
as
his
your
yet
sulted
re-
of leisure,
time
You
looking
are
fortably
com-
office is well
the
gone
can
mous
enor-
an
than
rate
welcome
large. And
has
your
action.
Though
very
and
as
doubt
no
to
malice
And,
faster
office.
table, for instance.
"fairly watered"
of
and
your
you.
it is not
nigh
plan
rare
a
brought comfort
be
much
a
of
ous
envi-
your
feeling has, however,
That
definite
no
One
at
mencing
com-
happy.
nothing
can
nesses
weak-
virtue
jealousy undergoes
There
hypertrophy.
good
his
in
increasing to
is his wormwood.
honey
piness
hap-
are
you
however,
has
him
to
It
along
first vague
very
so,
which
brings
prosperity increases,
morbid
Not
and
savings, by
are
more
family.
moving
investment,
You
success
yours,
hatred.
little
happy.
are
you
which
home
something
However,
age.
competence.
Yes,
consummation
your
are
feel the
to
your
and
economy
your
see
for
You
beginning
are
marriage
It is comfort
family.
family.
your
and
years
It is food
your
is
acquire
you
merely.
clothing for
that
was
for them.
prepared
Now
since
brightened the
and
come
That
needs.
long-delayed
then, and
have
had
you
daily
Your
success.
13
SUIT
suffice for
consummated
was
a
MALPRACTICE
the
into
making
the
your
One
night
mouth
you
of well-
appointments
easily recall.
How
pointed,
ap-
That
for
drove
glassmonths
to
Hen-
14
HOW
derson's
when
from
and
worked
livery bill
took
dollars
you
You
(which
that
got
know
as
this sort
The
white
You
slit the
knows
You
fellow
shows
dirty
disinfect
"
with
what
It is all much
reduce.
perhaps
trouble.
The
the
wife.
radius.
skin.
under-
dirty
heaven
"
feeling of
a
Then
gladly.
off
clean
his
bursted
slit the
You
you
of
the
through
sleeve.
wash,
what, and
fracture
estly.
hon-
was
"woman"
call
to
and
articles.
it
his
"
three
ages)
other
and
and
services
for
And
delights
fair
another
with
man
a
You
the life
a
your
it to
So
compound
bone
You
sleeve.
of
hoarding
office
your
a
charged
by each.
came
you
of
has
wife
been
lash.
saved
you
added
glass-top table.
enter
The
and
had
you
how
Now
"
the money
the
to
and
You
shuddered
himself
saying nothing
"
you
horse
negro,
a
mother.
and
paradoxically dropping
respond
not
like
night
the
when
"
would
wife
proper
and
heaven
all
the
of
hell's fire seemed
times
at
SUPPRESS
TO
only
repugnance.
etherize
you
is hard
case
to
and
worrisome.
After
considered.
Hamilton,
have
case,
However,
you
limb
You
find
the
done
have
all,you
done
each
we
no
time
outrageous
denier's
"
better.
you
to
go
veracity.
and
At
vidity,lymphangitis.
each
and
last there
come
the
woman
The
soiled.
applications.
are
met
by
laudation
of
the
time,
extravagant
Then
see
unauthorized
frequently ; but,
denial
everything
could, in this particular
will say,
dressings disarranged
itself,too, speaks of
accuse,
good job
a
you
is much
rigors.
swelling, liIn
a
hurry,
MALPRACTICE
A
amputate.
you
limb, you
case
the
hulk
of your
Why
for
cold
of
result
is
be
their
the
sure,
interested
But
he
in
own
their
ten,
and
"
that
too,
he
medical
ously
seri-
get
their
dens
paralyzed,
scarcely
humbugs
a
and
as
voice
except,
"
a
to
the apparently self-
legitimate physician.
the
catches
catches
often.
reason,
to
from
yet
"
man
Quacks,
arising indisputably
the legitimatephysician
is the
ple
peo-
not
never
feeble, the unheeded,
the
typical
a
Decent
but
blind, lame,
ignorance
of
of
often.
away
come
and
intermeddling
not
seem
it
lazy
a
undiscernible
some
botchers
toms
symp-
Because
essentials
; but
troubles
protest
and
jest
them.
case?
sued;
for
against
had
malpractice.
deaf, dumb,
"
the
are
Patients
lifted up
ever
dirty
a
sometimes
and
You
a
warm
better
you
obliging doctor,
it is true
are
caught.
such
finished,
Eventually
describe
not
buggy,
in his
symptoms.
muddy."
medical
sue,
hands
reckon,
could
elements
butchers
hoodwinked,
I
and
somehow,
way,
of
imagined
skilful
sometimes
even
and
have
wintry day,
till you
by
save
you
muddy
own
warm
not
and
and
stood
his
but
I
A
furthermore,
raw
if it ain't too
suit
a
one
your
"Perhaps,
these
for
unpaid,
husband
a
husband,
"
bills
of
washed
own,
necessitous
these
night-marish
through
former
have
typical.
Some
the
symptoms
agin,
out
case
All
of
suggested,
woman
life.
while, with
of
pockets,
is
do
you
talking the
step
you
memory
while
this great
he
then, though
remember
distinctest
when,
Even
save
you
15
SUIT
it
contributory (though
as
a
he is the scape-goat
trouble.
result
of
Nine
the
;
times
patient's
possibly unprovable)
neg-
16
HOW
active
ligence,or
arises among
boorish
a
and
of
families
Christian
so
the
moreover,
spirit which
undertake
trouble
and
actuates
heathen
to
In
unbred
dirty,so
so
poor,
physician to
the
impelled
cases,
nothing but the
missionary to go
that
interference.
malicious
even
proportion
great
a
SUPPRESS
TO
wilds
the
had
necessarily
ungrateful task.
However,
the
of
the
the thorough
stupid negligence
the
patient, even
family, would
suit
malpractice without
for
jealous competitor
adds
told, suffice
the
the
to
cian,
physi-
necessitousness
all
not,
the
interference
ignorant
or
rank
indolent
of
legitimacy
of
to
little leaven
start
that
of otherwise
lump
the
a
the
tive
inac-
material.
He
He
does
does
not
it "in
say
have
perhaps,
to
such
"I'll
as,
up,
"don't
be
sure,
could
but
"
wouldn't
much
he
is
pretended
(The
brother
On
The
upon
the
Don't
him.
sue
damages
hard
remark,
might,
doubt
no
"
for
in
"I
help
trial, however,
he
you
forcible
a
of
lose.
to
physician
not
to
afterward
course,
statement.) "I
I
possible way
told them
am
to
you
his money.
brother
your
plaintiff,of
Stir-im-
Dr.
win, nothing
to
from
sympathy.
on.
chance
You
easiest
the
"I'll
goes
professes,
only suggests
apparently
the
He
no," says
worked
This
receive
confirms
the
"Oh,
Everything
will
says.
him."
man's
getting money.
You
some
him."
sue
what
manner
misunderstood
considerable
the
that is shrewd.
way
him."
him.
get
a
outright, "Sue
see
sue
in
way,"
a
sue,"
tuitously
gra-
reallysorry,"
all I can."
breaks
down
easily.
plaintiffreceives the impression that he wants
the jury. The
verdict is the plaintiff's.
18
be necessary.
may
I
TO
-HOW
Moreover,
will be
suggest
SUPPRESS
found
Serious
severe.
for
serious
when
a
his
professionalreputation,for
his
he
no
will
fight head
home,
family, no
In
the
the
of
taker
a
of
fact
ways
of
his
for
his family,
he
deserves
suppressed by
whereby
to
confrere
is that
put
drug-taking
if,
"
One
drugs.
doctor
is
proportion
per
cent
the
use
be
to
rect,
cor-
all suit-starters
of
of
in five,
inordinate
an
the
well-nigh twenty
be
fightingfor
falls,or
well-wishing
Assuming
drugs.
can
home,
call
reputation.
no
of
measures
diseases
is
man
trustworthy assertion,
to
then
the
on
indeed, he be
user
and
utilize the
you
according
till he
up
first rank
very
thumbscrews
whereby
and
treatment;
all the
almost
this
fact
one
alone.2
In
How?
this
cocaine-eater, is
a
if you
That
and
be
is
And
the
the
habit
have
the
This
fact
than
been
has
are
the
question. Now,
that
the
drugs,
you
the
Evidence,"
faculties
from
safe.
are
If
is easy.
habitue
into
take
not
likely
more
in
will
sanitariums, homes,
in
does
clear-headed
doctor
to
be
account
starters
of
physicians.
i6th
the
pairment
im576." "An
is
of
morphine
Stafford's
Trial, 7
ed.,
use
p.
Lord
Cases
cited:
relevant."
Nuncomar's
Trial, 20 id.,
St. Trials," 1401. Maharajah
W.
Lumber
1008;
Matthews
Co., Mich., 67, N.
v.
Martin
Wis.,
Barnes,
Stein, 79 Mo., 330;
v.
242.
7
v.
equally
State
on
all
long duration,
been
a
by expert
proved
collecting evidence
have
normal,
of
user
or
ical
psycho-patholog-
evidence
simple computation
that
drug-users
are
of
1035;
of
cures,
""Greenleaf
"How
beyond
secure
of
can,
and
inordinate
an
problem
taken
2
time
any
merely
can
question
suits
at
morphine-eater,
helplessliar.
proposition may,3
testimony
A
way.
MALPRACTICE
A
He
retreats.
of his
will
favorite
he
in
drug
will
have
his
it
The
the
Secure
before
things ready
you
have
your
present
it.
Have
a
already
have
and
drug-taking,
should
let the
no
to
the
day
heard
the
will
not
lawyer
That
is
different
4
In
a
was
though
case
tried
the
fact
was
be
with
times
challenge
foolish
that
medicine,
which
the
later
I
have
suit
found
was
however,
have
will
The
the
even
how
not
fall
man
gentle-
cocaine-taking,
or
most
to
suit-starter
do
found
will
twenty,
you
to
as
be
will
course,
in
of his
to
so
opium-taking,
If the
that
how
drug-taking
way
your
tice
malprac-
testimony
certainly know
of
and
till trial
for
malpractice suit.
way.
pects
sus-
suit
accusation, of
the
in
of
know
rival
the
would
school
as
wait
talk
your
test, his
his
get all
casually mention
you
your
want
one
don't
evidence,
trial, you
your
aired
proclivities
and
much
so
sure.
effective,design.
Nineteen
last of
detective
about
"
case
mention
you
blunder
heart-to-heart
the
ground.
will
a
upon
go
that, in
to
go
value, and
of
the
case
don't
he
uses
found
indisputableevidence
Should
testimony.
be
secured
to
come
he
Only
you
loving competitor, in which
you
suddenly
If
gentleman
very
When
take
places where
will
skilful
a
your
simple, yet
your
to
of
times
Some-
stores.
to
in
evidence
do,
you
services
drug
is easy.
matter
If
yourself.
large quantities
observed.
been
syringe, the indisputable
his person.
local
narcotic
the
necessarily have
buy
to
compelled
been
large quantities of
may
had
have
19
SUIT
air
nary
ordithem.4
belongs
forget
that
to
a
his
cate
heard, the plan I advolike
suppressed
magic,
out
that
the
starter
of
the
20
testimony
the
to
as
is
information
trial
of
the
no
time
Perhaps
medical
use
one's
the
best
method
in
an
curantur.
When
it is the
have
literallyno
you
detestable
is. How
man
he
develops
suits
politicthat
brought.
You
of
through
course,
nothing
do
to
negligent patient,the
and
suit
not
was
consuming
crowded
he
had
question
in
not
considered
gin,
v.
Bowman
51
Me.,
before,"
when
It is
tively
posi-
the
on
body
against
be
to
him
friend.
"
Have
the
Find
condition, the apparently
of
own
competitor's
fiend
a
he
was
of
treat-
the
drug-
about
features
to
present
in
them
be
to
"cocaine-taking"
caused
community,
"some
and
other
the
to
in
a
the
case
the
astonishing alacrity.
plaintiff with
8
find
to
being
eyes
yourself.
that
or
his
is
permitted
capable
least
at
fear
in
and
court-room,
gentleman
The
"
"
similibuj
that
own.
case
of your
fiend
a
a
necessitous
"morphine-eating"
of
accused
really
variety.
are
matter
unjustifiableoutcome
get
sort
that
deformity
a
character
the
with
to
some
sorry
of his
case
quiet
a
no
denly
malpractice suit sud-
a
readily find
can
of
competitor's
your
of that
and
demolish
and
ox
how
idea
crime,
a
yours
Similia
man's
thing
fulminating
a
outrage,
an
in
be
to
comes
ness,
wit-
willing
wood-pile
other
a
has
enemy
all, whereby
for malpractice.
preferably
gored
of
counter-suit
starting a
action
be
time
judgment.
of the
out
the
course,
legal
till the
another
up
of
must
when
"
dig
to
would,
nigger
consists
him,
which
school
One
sprung
of
piece
back
held
is
treatment
your
little
this
well
as
then
left in
other.
the
quite
and
whose
of
correctness
Sometimes
admissible.5
not
SUPPRESS
TO
HOW
v.
594;
Harrington,
72
Greene, la., 441 ; Patten
Wigv.
Nelson
Force
Gregory,
63 Conn., 167;
v.
Wis., 591, 40 N. W., 228.
Woods,
I
A
ment
the natural
;
the
on
desire
part of the
of
sort
MALPRACTICE
kinds
of
there
will
to
occur
you
disclosed
skilful
detective.
Don't
be
sometimes
astonishing, as
remarked,
what
to
look
about
her.
when
once,
the
telegram
this
to
It is said
discovered."
that
of
of afterward.
story is
too
Of
"Fly
at
the
lives, if placed beneath
disclose
ability,would
of
great value
Some
will
these:
The
woman,
is, or
however,
would
Of
never
course,
has
he
in
him
be
such
is
certain
to
facts
that
was
pay
would
did
facts, often,
and
utation.
rep-
tigation
invesare
plaintiffbe
that
this
suit
fact,
Or
unknown.
the
a
intimacy
great
money
not
tive
detec-
daylight
to
up
this
whose
painstaking
reasons,
which
ing
joknever
men
plaintiff'skin;
of
one
all is
"
home
of too
terms
on
money,
able
"
question, if the
been,
for
being,
plaintiffowes
which
occasionally bring
doctor
facts
fighting for
things
once:
are
to
mous
anony-
first-class
of
strange
man
of the
Or
her.
with
the
to
there
X-ray
who
implication of
the
course,
once
begins
an
and
is
back
sent
a
It
man
recipient of
the
Nevertheless
strong.
a
acquaintance
telegram disappeared immediately
heard
body
a
lark,
a
effect:
of
probe.
to
when
on
all his
of
man
brother
lady busybody
find
home
from
which
of
probing
story is related
A
away
best
very
will
body
a
old
an
ears.
beloved
insidious
afraid
of suggestion.
of
many
of your
the
through
kinds
kind
ways,
the affairs
as
become
other
are
Certain
rest.
certain
wisely the
the wrong)
say
all the
to
open
choose
Merely
Finally,
is to
right (which
always
are
ears
get something for nothing
to
will accomplish
persons
21
SUIT
plaintiff
succeed.
destroy completely
the
22
HOW
of
force
unquestionably
evidence
would
force
a
time
best
introduce
of
the
These,
suit
eyes
then,
public
of
are
the
"
the
medical
be
can
(the
very
kind
your
parably
irre-
him
damage
of
whereby
ways
his
of
prompter
him, the
suit, and, through
suits, however,
trial
community.
some
the
suppress
delightful
simple attempt
the
mere
asking
would
"
as
the
fact
disgraceful
of
because
that
would
court,
be
before
squelching)
in
question
can
of
testimony.
inadmissible
wholly
understand
the
in the
man
the
would
be
to
in
which,
nevertheless,
yet,
do
to
to
held
be
squelcher
competitor
fact
damaging
a
as
SUPPRESS
unprofessional brother's
your
Sometimes
TO
suit
a
practice
mal-
Some
also.
the
suppressed by suppressing
plaintiff.
how
Now,
He
make
to
likely to
be
sickness
If he
all his
make
have
extent,
a
would
be
8
Gould
"
1901,
the
these
thousand
p.
United
enslaving
are
disgrace
Pyle,
507:
to
doctors.
as
how
the
to
cotics
nar-
and, of
from
the
quite
you
to
recovery
in
user
of
case
the
same
plaintiff'sweakness
him.
"Anomalies
"According
of
upward
entirely exclusive
drugs
are
doctors, for there
States
perfect
perhaps
of
know
is
as
a
addiction
Moreover,
not
be
unreliable;
a
public exhibition
a
His
fact.
drugs
indeed
may
is, let him
rendered
physician, though
of
user
evidence
difficult.
more
a
he
yet
of the
use
it may
course,
him.
prompter,
will
the
so
squelch
for all that.6
drugs
intend
in
not
medical
his
of
is
to
Curiosities
and
Cobbe,
Mr.
to
two
of
only
millions
of
alcohol."
a
hundred
of
cine,''
Medi-
there
are
victims
Not
and
of
all
of
fifty
MALPRACTICE
A
Again,
of
there
is
in
Sometimes
it may
fact.
fact
the
until
the
to
are
not
allowed
are
the
so-called
However,
for
do
he
and
on
a
as
of
seal
than
perhaps,
better
wait
until
court
with
your
before
plaintiff
and
possible
can
you
of
slander.
third
1
If, however,
These
of
laws
popularly
supposed
times
in
and
all
These
a
physician
matters
course,
learned
the
which
times.
on
law
are
seal
up
facts
to
talk
office
it in your
to
for
wherever
than
doubtedly,
un-
selves
your-
plaintiffonly,
on
the
careless
and
you
cerning
con-
place would,
say
are
fense
de-
greater,
can't, then
privileged medical
to
a
than
you
the
such
far
other
you,
effect
justify. By
persons
you
overhear
to
persons
Have
damages
lutely
abso-
heart-to-heart
a
improper
in
is
The
general rule,
If you
An
held
a
trial.
Whatever
be
never
of
of
much
"
would
secure
spot where
any
hear.
could
to
can.
proper.
be
as
time, is
house, if you
your
then, devoid
sufficiently terrible
however,
way,
is sued
secrecy
consequences.
disease
These
communications.7
professional
tremendous
of
physicians
physician
a
that
use
matters.
public opinion,
on
the
even
the
reserve
such
out,
legal
detestable
that
or
of
forget
states
when
speak
as
to
suspicion
a
not
many
to
that
be
do
privileged
syphilis is simply
as
the
testify
of
well
jury, as
In
may
fear
every
best
trial.
the
there
family,
be
forget
malpractice
removed
the
laws
not
If
syphilis.
syphilitic taint
23
SUIT
may
be
ground
permit
so
held.
communications
physician's lips
are
at
all
is merely
ception.
miscona
places. This, however,
laws
restraining
simply rules of evidence
are
from
witness-stand
the
testifying to certain
in
his
professional capacity. Of
by him
of
slander
both
and
damaging
libel
and
(oral and
untrue)
written
operates
ments
stateat
all
24
HOW
the
Even
who,
in
contend
the
of
even
The
fact
effective
the
if used
fact
that
one's
that
such
to
cares
ful
fright-
so
the
of
professional
when
of
speak
summoning
him
this
Throughout
assumed
Strangely
that
enough,
as
best
he
"Becknell
"To
establish
See
also
Lathrop,
contrary
a
v.
Hun.,
be
with
sician
phy-
allowed
all
facts,
itself in the
tion
posi-
suit
a
is
vaguely
and
then
suggested)
wrongfully.
accused
accused.
so
sued.
Should
The
the
settle
him
justice, let
Ind.
10
rule
Boicourt,
511
(N.
Y.
App., 5,
be
would
27
N.
Ct.
p.
(N.
37
N.
tually
ac-
ant
defend-
promptly
E.
manifestly
E.,
Supr.
vol.
Becker,
i,
Co., 56 Hun., 575
and
Ry.
The
it.9
always
is seldom
Hosier,
v.
Witthaus
Manhattan
man
apply
not
time,
(as already
is almost
rule
may,
Lane
67
defend
heard
the
does
defend
defendant
the
accused
been
have
to
The
have
malpractice.
placing
to
article
he
incompetent
be
man
a
permitting
not
is
would
vent
pre-
fore
clearlybe-
fearlesslyconcerning
and
graces,
dis-
often
that
a
more
of
light
to
an
merely
coming
happen
such
at
need
very
secrecy,
for
be
etc., etc.
kept
absolutely
course,
freely
out
he
is sued
otherwise, the law
of
should
secrecy
of
must,
be
other
to
weaknesses
marrying,
professional
physician
a
the
always
gentleman,
law
in
from
should
One
are
upon
certain
prove
diatheses
constitutional
of
and
of
of
or
properly.
these
daughters
fact, however,
it
orders,
sometimes
looked
be
to
the
will
diseases
more
8
trial, for
to
accusation
an
tuberculosis, also,
of
weapon
of
and
of
brought
social
lowest
very
public against
transmissible
to
it is
almost
character?8
a
talk
before
suit
a
syphilis will
of
slightest suspicion
end
always
SUPPRESS
TO
Winner
mi;
G.
114,
Y.
544.
unfair."
"
v.
T.).
citing Mark
v.
Gen.
Supr. Ct.,
26
HOW
varies
very
lawyer
(or
ter, however,
See
good
a
TO
If
opinion.
the
of
statute
If
statute
he
state,
again
or
his
on
has
filed his
will
do
well
to
than
of
In
good.
the
only
The
10
to
It
reason
is
do
the
If
the
failure
why
neglect
to
reasons,
or
Should
the
suit
in
the
run
appear
for
no
be
you
posed,
sup-
well
and
suit will
have
already
measures.
sue
you
in the
justice'scourt
persons,
many
defend
to
if you
as
he
out-of-court
Your
sue.
may
are
work,
these
succeed
out-of-court
You
first the
work,
not
promptly
as
peace.10
tried
and
even
justices' courts,
within
the
to
otherwise,
appeal
when
to
(which
just
have
do
complaint
bill
in
of
where
plaintiff
your
district,court) it
astonishing how
so,
side
out-
state
begins
as
soon
his
or
likelyto
those
attempted
The
goes
the
his
to
they
more
fendant
de-
count.
not
it only
As
mentioned.
case
the
fact, quite frequently, haste
justiceof
a
course,
plans already
run
with
by
spent
part of the
delay.
for
of
court
a
in
circuit, or
him
sue
tell
long
as
connection
defendant
the
some
declaration,
in the
in
time
qualified
un-
run,
patient just
found, and
and,
better
in
to
an
altogether
not
though,
states.
return.
open
Sometimes,
even
him
when
even
easily be
cannot
it is
get
already
jurisdictiondoes
running
stops
the
the
and
has
limitations, that
outside
be
time
keep
in the different
more)
or
the
possible. Remember,
as
can
two
kindly, and
yet, speak
is
greatly
whistle.
plaintiffto
your
SUPPRESS
without
is
ing
intend-
against suits for small sums
fail, when
they fully intend
required. Often, too,
is unavoidable,
people, for all sorts
ance.
continuto
a
secure
neglect
reasons,
patient be
time
only bluffing,the
justice's court
will
end
mere
matters.
starting of
MALPRACTICE
A
this.
A
the suit for
ground
that
held
many,
in
been
have
forever
just mentioned,
The
after
Virginia
as
In
the
a
rule
of
do
in many
he
may
the
other
his
has
yet
because,
in
matters
any
justice one
of
doubles
against one's charge.
all
allowed
less
regard-
been
begun
suit.
West
able
unmistak-
clear
and
rule
prevails
this
lower
vastly better
if he
should
fail in the
the
circuit, court;
unless,
may
In
he
a
one's
to
be
lower
in
happen
word,
chances
Besides, there
ought
an
any
by suing
of
is the
to
lower,
while,
court
sure,
chance
before
sues
that
he
suit
barring
court
a
i. e.,
"
suggested
course,
tribunal.
been
malpractice
his suit in the
"
one
at
Jersey, and
malpractice fiend,
hand, should
taken, which,
from
as
in the
succeed
the
written.11
just been
cases,
the
New
physician stands
a
that ends
and
be
can
than
have
for
defense
defense
fees
of
language
judgment
"
justice,as
the
in
the
York,
jurisdictionswhere
defeating
be
beginning
of New
the
it is
suit
this is true, too,
the
language
in the upper
of
And
for
And
if
no
the
on
the
simply having
suit
hold
so
should
the
courts
great
even
default.
by
of whether
or
and
in every
rule
that
ground
ever
for-
bar
defends
even
other
judgment
made,
be entered
any
is the
states
barred
on
will
valueless.
were
perhaps most,
should
before
This
defendant
services
the
is
to
the
case
malpractice
been
bill there
your
malpractice.
in
jurisdiction
have
for
judgment
27
SUIT
on
ceed,
suc-
appeal
case,
before
succeeding
advantage
Preston,
v.
Bellinger v. Craigue, 31 Barb., 534; Gates
Dunham
N.
Blair
v.
N.
Y.,
Bartlett,
150;
v.
75
Y., 113;
41
N. Y., 76; Ely v. Wilbur, 49 N. J. L., 683.
Bower,
77
11
28
be
to
puts
gained
the
plaintiffin
Whether
by
discount
to
wise
you
for
advantage
given by
were
will
way
of
paid
for.
die
not
Should
themselves
change
The
be
his
beyond
your
serious
and
all
able
this
of
at
great
a
written
dence
evi-
sometimes
be
it to
have
is
a
on
been
ices
serv-
witness
that
in
you.
merely
in
your
must
a
but
Detailed
defense,
evidence
court)
against
case
constitute,
magnificent
a
a
by
(if actually
would
also
defense
ground
all
information
be
either
falsely
out
the
that
conspiring,
this
you,
evidence
make
to
prosecution
lawyer practising
after
ever
personal check,
check
are
malpractice action,
sort
can
obtain
to
others,
question, not
against
can,
haps
per-
specifiedmedical
return
adduceable
criminal
he
you
your
when
might
you
stand
plaintiff
considerable
a
showing
physician
with
or
at
dence
evi-
away.
malpractice against
obtained
to
change
is strong
will
This
paid.
was
move
you
plaintiffand
of
or
procedures
two
Should
you
memorandum
jot a
you
hasten
to
or
justice's court,
rates,
Get, if
in
by tendering
uances
contin-
if your
though
offer.
his
him.
bill
the
Hence,
even
malpractice,
the
court,
the
established
take
to
public.
securing
for work
payment
you,
your
over
that
which
Sometimes
that
pay
from
be
done
in
its satisfactoriness.
offers
sue
circuit
the
advantage.
to
forget
of
ever
the
point.
combined
Don't
by
matters
which
step
a
"
light before
independently
nice
a
be
can
trial in
suing
is often
offensive
the
better
a
delay
to
the
of
them
taking
by
SUPPRESS
TO
HOW
furnished
for
parties
a
spiring
con-
ing
concern-
you
by
a
particular jurisdiction,for
A
law
this
on
and,
MALPRACTICE
point
varies
it
changes
moreover,
identical
all
the
for
suits
that
doubt,
forget
or
of
starting
said
the
attend
nice,
;
and
other
the
same
problems
go
sleep.
to
large,
the
or
fellows,
round,
fat
you
job
see
of
the
puzzling
want
that
it.
be
in
to.
how
they
a
wicked
out
Go
matter
no
Only
will
you
own.
motion
against
of
their
if
in
measures
in
Snore
fessional
pro-
Don't
set
machinations
worrying.
big,
also
plaintiff,
of
the
curantur.
you
engaged
Beyond
against
vigorous
the
ing
suppress-
best?
the
similibus
the
or
for
counter-suit
other
are
fellow,
to
the
escape
wicked
is
addition,
physician
soul-wearying
then
in
of
to
way
a
Similia
If,
more
the
while
states,
in
even
mentioned
which
malpractice,
that.
good
frequently
herein
means
brother.
either
different
in
greatly
state.
Of
one
29
SUIT
a
few
bed,
to
And
let
many,
have
a
II.
A
CASE
OF
SPONTANEOUS
GRATITUDE:
RECOVERY.
31
34
HOW
Examination
operation
of
after
the
of
of
case
my
found
to
to
this
entirely,not
the
treatment
The
nothin'
of
patient replied, "I
stronger
that the
Then
of
symptoms
fortunately very
The
appear.
when
occurred
first I
rare
first
the
disease
"
of
sign
patient
in
the
ble
trou-
have
fact, when
I
as
me
Yet
look
of
the
as
not
face
became
strangely softened.
Later, the patient said, with
"I
sho'
when
I
Here
was
of
gwine
pay
body
you
git de money."
really a
in the presence
of
case
one
which
fer
accompanies
dis,
some
that
gratitude,
day,
Doctor,
no
doubt.
genuine gratitude.
I stood
Then
of
to
The
so.
and
posture
say,
"Doctor."
expression recurred,
humble
appeared.
dis-
approaching malady
addressed
the
his
to
in
ment
treat-
question began
mistaken.
thought myself
after
and,
"
show-
this time.
at
seemed
terrible
the
after
to
from
favorable,
looked
Everything
glass
nary
the
patient recovered
too,
drink
does
precise words
of
ever.
for-
and
"Boss," and
me
left
be
period
forever
performed,
tang,
adduced
the
never
cf
given
should
entirely clear
was
The
completely.
the
was
the
given ;
suddenly
called
he
I report
operation
was
sho'
also
beer, an' I hain't had
ner
patient'smind
The
also
an
amount
were
during
but
and
an
was
reasons
and
his nose,
while, "Doc."
At
in
ticular
par-
necessities
particular tang
merely
o' that this day."
a
strong
this
the
Advice
this
made,
such
from
expedient.
patient why
off
might
very
in
passages,
promptly
was
as
the tang, and
as
nasal
advised, together with
was
be
the
own,
treatment
case
SUPPRESS
TO
of the
there
could
be
rarest, and, while
it lasts,
A
the
of
one
The
MALPRACTICE
violent
most
the
would
patient
order
to
hand.
At
such
and
money,
other
gave
dollars
I
sum.
to
in
"
how
under
The
some
of
these
was
I
regard
of
that he
believed
I
think,
already
so
head-weary
that
he
would
a
me
he
11
to
Seriously, I wish
give offense
by reporting
in
has
among
a
been
whites.
from
in
member
known
of
"
be
large
then
my
only
colored
One
I
and
of
of
case
race.
more
it.
practice
persisted
talking,would
as
times,
Some-
leg-weary
if he
me,
tice.
prac-
suggested that
amount
to
of
with
accordance
understood
much
ease
dis-
delusions,
perfectly.
in
the
though
order
mania.
megalo-
increasingmy
suggestion.
was
that
the
of
other
terribly overworked
as
sand
thou-
acquire
symptom
succeed
the
pairment
im-
general paralysis, particularly
necessarily bring
talking for
mental
respects,
in this obsession
that
much
me
frightfulcharacter.
really acted
in
by the
hundred
a
ever
suffered
more
could
me
some
the
to
street,
especially in
is to
I tried
and
in
he
this symptom
was
the
occasion, before
one
occurrence
in
set
me
severe
should
consideration
them
of
promised
nearly alike, in
patient often
He
evidence
he
this
with
For
he
case
mention
prove
shake
to
kind.12
man-
hurriedly
roadway
and
me
this case,
passed along
that upon
large crowd,
very
to
afflict
times, he invariably promised
I remember
a
I
the
cross
speak
to
get
in
symptoms,
Often, when
promptly.
very
that
terrible,diseases
most
35
SUIT
not
prac-
desiring
gratitude
The
rarely
same
"
to
as
to
curring
oc-
ease
disoccur
36
HOW
tically prove
amenable
be
to
this
to
disease
patient actually one
dollar, and, with
slobber
the
13
of
palm
had
acquired
"God
bless
right
my
came
created
worked
in
longer
no
longer
In
fact, one
the
come
he
the
with
that
he
had
to
duced
pro-
patient
He
me.
no
I
whenever
me
not
was
nearly
so
his back
turned
The
to
which
impression
which
"
again
taneously.
instan-
impression
speak
to
him
I found
promptly
to
in
seemed
half-dollar
hands
near
day,
almost
septal deviation.
street
shake
to
to
that
I
crossed
offered
happened
of the
cure
coin
you."
mental
opposite direction
an
the
by
the
profound
some
that
molasses-like,
and
promptly,
of
payment
with
breath, which
bless
"
half-
silver
shot
rolling,blood-
pressed
rich
out
God
recovery
The
have
His
Doctor;
you,
Then
hand.
rolled
tang,
a
he
The
lips covered
and
honey,
other.
any
a
me
countenance,
cheeks,
as
to
not
was
crisis.
disappeared by
beaming
thick
as
he
in fact, to
or,
"
day brought
quivering
But
undoing.
my
suggestion
Finally, the
eyes,
SUPPRESS
TO
often.
ered
recov-
when
me
upon
accidentally approached.
Then,
a-dollar"
that
back.
day,
bravado
that
day, he
one
There
he
and
that
all that
he
and
demanded
was
much
tang
informed
hadn't
had
came
ever
had
with
me
no
ailed
"deviated
him
was
his
to
his
"halfbreath
and
assurance
sectum,"
the
and
"drunken
that
than
thicker
slobber, in gratitude, is much
smell.
sweetish
in hydrophobia.
has
somewhat
It also
a
The
in
generally set,
are
hydrophobia,
jaws,
moreover,
and
in
awfully
apart,
mit
perwhereas,
gratitude, they stand
the
them
whatsoever
pen
haplungs
to
just
through
pass
in the shape of words.
to
up
pump
13
The
MALPRACTICE
A
nose."
broke
And
hadn't
I
So
he
back
wanted
have
to
that
have
neither
seen
the
from
that
to
this.
day
Now,
Why,
what
In
is
the
is
fact do
really
so
not
believe
which
has
of
majority
of
brain
heart.
with
this
excitable
running
cases
his
a
upstairs
Let
recover,
in
to
has
in
well; and
for
which
control
the
carrying
and
these
and
out
been
mistaken
cases
of
noted
vast
ment
treat-
as
the
that
part
of
nothing
in
rapid,
some
cases
perhaps
to
a
tiny
some
will
supposes
No,
do
to
The
conceptions.
themselves.
tions
opera-
plans engendered
severely
I
do
movements
hastily
subject
the
over
due
do
to
of
the
of
have.
to
seems
the
ord
rec-
instance,
from
as
on
without
skull
order
this,
Especially
incident,
mere
tude.
grati-
wonders.
performance
the
only
pulse which
imperious
operate.
of
such
of
cure
even
such,
"
It
disease.
is
in
gratitude
heart, I believe, has
The
in the
of
case
pernicious
insignificantthing
assist
the
whatsoever.
sort
other,
matter?
Nature,
recovered
supposed
gratitude
a
I
icine
brethren, that med-
my
completely
have
portion
a
is
got
these
of
the
not
the
in
removal
there
any
whole
over-medicate
itself.
cure
And
the
affections, will work
cases
deprecate
of
will
this
all for
at
necessary
ing
know-
it.
smelled
of
to
suppose,
commoner
many
I do
point
with
go
nor
one,
Never
not
Gratitude
would
ing
Happen-
I let it go,
handy,
tang
the
this.
simply
cases.
the
that,
cured
"half-a-dollar."
his
"half-a-dollar"
a
full well
of
really quite
he.
said
in
37
SUIT
do
alone.
They
Great
is the
by
not
ways
alins
38
HOW
medicatrix
and
forms
and
natures,
which
generatrix
beautiful
of
disease,
SUPPRESS
TO
for
great
physicians
us
(considered
and
also
in
is
that
vis
produces
scientifically,
so
nearly
an
naturae
such
at
infinite
rare
least)
variety.
III.
MEDICAL
INSTRUCTION
THE
OF
LAY
PRESS.
39
THE
LAITY
IN
43
HOW
to
necessary
The
in the
of
the
to
of
lives lost that
in
themselves
staff
the
lay
press
and
the
of
honest)
general public
as
a
would
Let
be
a
had
few
a
injury
number
the
tients
pa-
of
real
the
siderations
con-
about?
gone
this.
among
The
Let
a
the
members
competent
whose
of
it
duty
of
large proportion
very
it be
whole
the
themselves
borne
in mind
important
no
of
as
for
the
that
that
the
American
a
to
the
the
the staff
as
Medical
make
of
a
of the possible themes
for
competent
subject
chosen
whole
proper
a
from
consider.
to
the
among
Association
wise
to
seem
purpose.
public
staff chosen
and
important
Plenty
general
doubt
altogether trusted
Some
to
seems
would
and
to
erable
consid-
a
(simple, clear
proper
consider.
to
press)
subjects as
be
to
the
to
articles
lend
be such
is
cost
such
on
the
members
be
unsigned
staff
There
saved
Association,
without
the
and
large
cially
espe-
(as literarysyndicates furnish stories,poems
course
should
are
be
from
yearly
like, but
writers
part
thinking physician present
should
furnish
number
of
these
matter
Medical
to
been
the
are
slightest inkling of the
any
the
seem,
American
be
the
of
amount
enormous
have
to
chosen
should
that
once.
would
be
of disease
might
should
plan, it
that
misinformation.
cases
medicines;
time
at
How
in
patent
which
the
the
of their maladies;
nature
medical
harm
intelligentcooperation,
secure
country;
use
had
of
amount
non-existent; the difficulty
on
physicians
from
immense
depression
either slight or
of
SUPPRESS
wide-spread
and
worry
the
urge
from
comes
TO
choice
that suggest
could
of
jects.
sub-
them-
MALPRACTICE
A
selves
the
to
should
Spitting
Physicians
do
Some
of
Pain
Physicians."
Disease.
Old
Revived
under
and
of
need
It
will
do
in
are
the
might,
a
the
Bright's
Treatment
these
On
is
laity
Finally,
possession
of
the
that
people
have
merely
to
concerning
matters
error,
is
sadly
the
the
in
fact
that
right
things
blockheads,
happen
present
which
certainly
and
to
the
to
the
who
do
studied
have
laity
laity
could
there
medical
some
never
so
them?
persons
comprehended
;
be
are
to
of
that
things
wrong
of
number
masses
true
presented
are
a
the
certainly
learn
never,
existence
who
but
they
fact
all
not
it
that
explanation
partial
sooth,
good
medicine.
only
almost
in
doubt
matters,
about
of
tarrh.
Ca-
ing
"Travel-
of
sign
contended
But
further
again,
no
of
Quacks.
topics,
be
course,
learn,
indeed
seldom,
Then,
about
no
by
other
learn.
not
may
found
of
not
masses
and
Truth
do
to
information.
might,
simply
the
of
not
Methods
names
mate
Legiti-
What
Methods
Back
the
in
new
multitude
a
The
Discarded
and
Why
Advertise.
Swindling
miscuous
Pro-
Why
Prohibited.
Doctor.
the
these:
are
be
not
the
for
Waiting
while
writer
present
43
SUIT
is
no
the
truth
already
harm.
in
IV.
HIS
FIRST
CATARACT.
45
IV.
Dr.
for
become
and
nose
himself
to
There
had
returned
Then
for
the
had
waited
waited,
eye
case
he
and
former
the
in
practice
dreamed.
quondam
general
to
that
they
work,
the
the
still
doctors,
as
ever,
He
at
leave
the
in
But
kept
that
all
to
as
all
his
of
refer
exceedingly
former
that
to
his
be
esoteric
friends
so
cine,
medi-
him
to
had
all
general
quite
appearances
47
he
as
naturally
ranks
carefully
very
establish
to
throat
would
of
never
easy
supposed
promptly
least
though
so
an
members
were
and
nose,
had
would
eye.
not
was
confreres
him
see
ear,
eye,
formerly
much
it
Clearly,
he
Scarcely
from
these
tiently
pa-
and
waited,
waiting.
on
and
waited
waited,
had
he
and
practice,
shingle.
those
save
families,
cases.
pleased
kept
had
him,
to
came
serious
And
he
Finally,
former
new
a
City.
York
New
waited,
"
impatiently.
had
own
office
old
eye,
betaken
had
months.
his
to
the
on
he
in
six
of
place
the
he
and
his
remained
from
determined
Accordingly,
school
to
had
specialist
a
general
practised
he
rather
or
graduate
had
had
Then
years.
throat.
a
he
extended
a
five
oculist,
an
ear,
Lightbody
Theophilus
medicine
CATARACT.
FIRST
HIS
very
cialty,
speamong
as
friendly
themselves
their
48
special cases
in
as,
fevers
and
years,
it is true,
find
fractures
them
all
So
Well,
Dr.
city in
he
and
it
two
not
"
had
worn
for
"
as
larly
particuthe
small
and
ing
wait-
the
nerves
"
he
would
himself
have
"
hark!
listen!
Yes,
structures
patient. Indeed
a
ened
hard-
of shops
doctor's
the
upon
nervous
any
day, when
one
on
been
never
surgery
steps merely, but
two
were
of steps, possibly
sets
two
there
patients.
how
footfalls
least, how
did
Lightbody
the
footfalls
it he
that
have
Dr.
were
was
undoubtedly
of
been
the
of
set
exactly how,
how,
and
know
/
of the
and
how,
knew
how
Lightbody
real, genuine, bona
fide
we
or
of
not
can
that
Why,
tell that
patient that
know
both
know
also.
could
mig^ht
patient
I
was
professional reader,
and
both
we
other
first.
at
or,
set
one
the
second
a
dear
you,
know
how,
Lightbody
Theophilus
but
patients,
that
patient, while
a
that
understand
of
know
could
friendly companion
mere
both
to
worn
sensitive
practice of
well,
;
step of
the
"
Now,
either
few
condition
had
totallydevoid
organism,"
was
two
those
the
was
little
highly
general
lived
mines)
those
there
very
came
another
waiting
way,
by
pretty well
termed
the
of
amount
"nervous
or
a
Lightbody
quite
the
day, when
which
had
Dr.
is
In
their
story itself.
the
toughened
factories
we
that
(which, by
large
know
Theophilus
Lightbody's naturally
and
say
childbirths.
kept
long, long after the close of this story.
one
organism
some
Dr.
for
now
days, they had
and
but
"
obtained
which
former
was
that
Dr.
ophilus
The-
bless
that
was
coming
you,
a
up
50
HOW
SUPPRESS
TO
cat.
as
is
So
he
old
an
maid
everything pertaining
of nearly all his
finally,of
and,
Then
eyes.
At
the
last, he
Then
he
"
at
Tears
like
eyes,
Doc,"
me
"All
patient
hour
an
it takes
long time
old
"I
to
look
man.
will
senile cataract.
the
of
opacity
hour.
an
again.
the
commented
the
thoroughly.
very
awful
an
ily,
fam-
of
half
nearly
very,
"
of
sons
per-
father's
condition
for
wrote
her
the
to
his
of
cataractous
half
cataract,
"
an
and
of
nearly dry
person,
over," said Lightbody.
diagnosis
is
the
own
family,
the
for
wrote
his
to
doctor
tested
Winters
Mr.
old
pumped
hairs
the
concerning
tories
case-his-
his
of
details
the
particular concerning
as
give
Now,
crystalline lens
of
the
you
cataract
a
the
It
eye.
"
begins
"
"Know
old
"But
man.
"Mr.
how
just
what's
Winters,"
It will, however,
Now,
a
just
kind
An
operation
rather
and
to
in
a
the
"Oh,
"oh,
yes,
symptom
can
cure
you.
to
tion,"
"opera-
strike
to
thence
all
have
become
However,
"
word
he
which,
him
him.
over
to
paid but
by the
in
way,
him
tle
lit-
appeared
dis-
moment.
"Well, Doc,"
no
seemed
suddenly
"
of it ?"
end
the
uttered
radiate
proposal.
the
in the
operation."
an
doctor
to
be
doctor, "I
the
something
seemed
serious
attention
it without
said
the
of
epigastrium,
a-goin'to
require
as
the
a
it begins myself," broke
said the old
cuttin', I
yes,
you
you
will.
guess
"if you
man,
I
can't cyore
"
"
will, grandfather," put
It isn't very
painful,
in the
girl,
tor?"
is it, Doc-
MALPRACTICE
A
"He
the
will
"Nor
doctor.
anesthetic
of
two
in the
cocaine
"Oh,
well, if
"I
man.
guess
Now,
"operate,"
doctor
once
little harder
a
about
the
tried
knew
a
and
only, this time,
haps
per-
conscious
was
when
school
suddenly
aware
down.
drawing
were
he
peculiar expression
all his little frame.
he
replied at last, as
new
memorandum
two
p.
weeks
"Two
jotted a
book.
All
m.
right.
had
never
single
a
from
day,"
Tues-
little entry
"Tuesday
I'll not
and
forward
looking
had
he
Minnie
with
matters
if he
as
in
at
peculiar
the
arranged
various
operation, just
slick
old
strike
to
became
the
and
grandfather the
nerve
or
operate."
this
feel at
to
He
cover
ahead
went
the
to
used
drop
an'
He
mouth
his
to
"
A
resulting.
was
He
her
of
smile
to
he
as
belt
general
replied the
seemed
before.
piece.
a
corners
the
a
nothing."
of
utterance
than
trifle
a
speak
to
that
He
felt
he
feel
ahead, Doc,
go
below
know.
will
something
a
take
Minnie,"
so,
all," replied
at
to
you
he
"
the
at
more
have
over,
say
can
again,
operation
he
eye
you
you
word,
that
will
sleep all
to
go
"
the
feel
not
51
SUIT
in
weeks,
two
I'll be
forget it.
there."
Then
He
stood
behind
lips.
the
he
So
of
the
last
the
stairs.
He
one
bowed
he
hand
shot
them
if in
as
a
waist,
the
stood
for
his
out, and
dream
head
"
holding
the
the
window.
other
down,
door.
left hand
closed, before
time.
Finally, he
patient'ssteps
first cataractous
to
the
half
right,
some
closed
There
about
an
he
inch
stood
the
heard
upon
with
in front
of
52
HOW
his stomach.
Unmoving,
the
slowly
girl pass
sidewalk.
whom
man
to
7
/
"
7
"
Can
I
The
doctor
more,
and
sheep
and
needed
had
watched
himself
took
A
himself.
to
the
at
A
place.
his
knife
a
do
fearful, for
he
the
in
in
of
burst
reverberating, after
began
trying
ach
stom-
to
on
saw
him
"
"
plexus
ing
hammerfusion
quell con-
his
desk.
ring
deafening, jar-
sudden,
an
culiar
pe-
the
solar
by hammering
school-room
and
same
eye
the
member
tion
opera-
flash, he
a
man's
schoolmaster
a
the
and
and
stood
wall
from
shot
the
he
man,
old
hours
done
as
seen
hogs
for
have
Suddenly,
and
of
eyes
anterior
unruly
that
great roll of thunder
and
is to
much,
cadavers
the
fear
of
pang
ribs like
in
the
on
Nevertheless
of
heart, and
the
that
one
so
old, stoop-shouldered
with
sight,
to
"
read
really almost
bombardment
again
had
human
dark.
the
be
to
He
and
could
the
sight
to
the
am
not
practised
cows
in
and
man
it?"
do
he
hours;
old
along the itoid
granreflected; "there is the
restore
I
life.
the
street,
he
to
am
"
watched
the
"There,"
really competent.
was
he
down
sight,to light,to
it.
SUPPRESS
TO
almost
simultaneous
then
it
his office,and
blinding flash directly above
the heavens
went
spreading slowly and majesticallyover
till it
in alternatingdiminuendos
and
crescendos
died
away
The
sublime
the
A
face
the
among
the
Next
all alert.
sound
for
a
hills.
while
calmed
and
forted
com-
doctor.
heavy
to
far distant
rain
window,
morning
began
to
putting
he
awoke
fall, and
his
he
feet upon
with
a
start.
sat
down
the
sill.
He
was
MALPRACTICE
A
What
began
it?
was
of both
seized
his
him
He
the
base
forward.
pushing
of
He
be
frightmight sometimes
goitre. Beat, beat, beat.
Beat, beat, beat.
How
beat, beat.
His
them
of
out
How
bed.
Nonsense!
would
He
would
forever.
read
up.
That
read
up.
He
That
these
read
was
be
would
He
The
the
he
more
faster
He
a
took
trifle.
felt
no
of
rest
escaped
more
an
But
better.
not
he
that
him.
would
would
portant
im-
some
That
had
was
him
caused
Yes, he
up.
himself.
reassure
ran
to
the
after
would
Then
he
much.
tablet.
He
of
feverishly
; and
his heart.
That
took
Konigstein.
atlases, journals.
more
feverishlybeat
aconitin
tiny bite
and
Books,
them.
a
office.
Stellwag
read, the faster and
and
diately
it imme-
He
do.
afraid
read
Knapp.
and
all the
been
hurriedly, and,
breakfast, he almost
Then
cowardice.
again.
dressed
Fuchs
he put
as
stop
would
would
himself
Beat,
temples ! Beat,
Yes, yes,
"
He
would
was!
face
were!
once,
only thing that
Yes, he
up.
his
heavy,
the
tremors.
exophthalmic
hands
it at
have
might
how
too, how
unexplainable
he
merely
knew
ness,
this, stop this foolish-
would
what
was
had
matter
all.
He
eyes
"
stop
stop it all, stop
and
hot
full and
stop this absurd, this
His
he
of
felt to his
seemed
ing
slight chok-
throat.
cause
his
cold
Beat, beat
he
A
understood,
How
heart
scious
painfully con-
imagined
the
good they
legs
the
He
exophthalmic patients feel.
beat, beat.
became
goitre-likecarotids.
at
his
operation. Again
beat, beat, beat.
to
seemed
The
53
SUIT
eased
bromide.
the pulse
Still he
54
HOW
Suddenly,
him
off
and, when
a
happily,
The
dinner
little game
draughts,
of
that
is
At
game.
three."
"Best
All
along.
into
of memory
These
had
three
in
once
be
to
Oh,
cataract
performance
doctor's
first "really and
down-to
goddess,
his
altogether
Surgery
"but
him
see
little doctor
a
to
to
this
the
bowed-
most
Miss
"
not
was
his
he
propose
proposal
of
and
entire,
Ophthalmic
a
his
was
same."
fatalistic,meaning?
Had
that
queried
the
seriously.
drinks.
were
he
antagonist remarked;
all the
himself, almost
The
smiled.
confidence.
temporary
cornered
there
heart, however,
conceit, he
grinning,"
you
Next, day
he
being
own
bit of
inner,
an
Then
his
a
you
I have
remark
all
of his whole
mistress
recurrence
epigastrium.
to
went
to
and
thrills that
same
truly love,"
conquered,
with
gave
"I
the
little
well, after
equivalent
of
out
along
so
in his
he
lover
?
Pleased
smile
when
to
little it
a
as
two
And
the
doctor
"little" game
a
"Best
one.
doctor
exactly
boyhood
little sweetheart.
as
leisure,
genuine
a
intervals, a
at
the
begins
if it
five."
thrill the
would
appeared
had
of
to
thing
big
a
out
while,
the
such
no
of
man
invited
took
and
came
a
Now,
all events,
hypertrophies
soon
was
done, he
checkers.
there
friend
a
friend
was
of
of
a
and
dinner.
to
SUPPRESS
TO
awoke
calm
with
and
aching
an
quiet. "Cure
head.
His
by crisis,"
remarked.
Slowly
he
boarding-house
dressed.
Slowly
stairway.
Finally, he
proceeded
he
Slowly
to
his
went
down
his
his
fast.
break-
office with
sedate
he
ate
MALPRACTICE
A
and
Arrived
equable step.
more
to
Again
a
little
He
in
would
the
from
That
"Now
how
know
this
do
of
steps
this
keep
operation
foolishness, this
all
said
"buck-ague"
You're
all
right.
still,old fellow.
Be
right.
aloud,
himself
to
it.
do
can
you
how
See
everlasting poppy-cock.
easily
Quit
can
you
it."
He
the
took
of
name
with
that
but
the
up
delicate
beam
of
"
short
tiny, apparently
a
of
ribbon
steel at
light again indeed, and, balancing
this
instance
of
with
Dr.
his
hand)
made
"
threw
down
outside
air.
brought
God's
tiny affair, this
in
fraught
the
present
of
the
patient, and
the
the
fold
of
coming
"
anterior
handle
hammer
instruments
then,
he
imaginary
chamber
bit
a
"
years
held
junctiva,
con-
beat, beat, beat
prick
hammer
hammer,
his
sands
thou-
the
initial
in
seems
for
as
"
to
fixing forceps (which
hammer,
hammer,
the
the
end
hope
imaginary
an
depressed
beat, hammer,
for
the
bright point
beat, beat
"
of
well
as
with
up
left
the
he
much
so
he
saw
rigid ribbon,
Lightbody
pinching
in
of
length
hopeless
the
which
light, and
has
little
dle
han-
that
insignificant thing
eyes
and
bears
that
little hollow-metal
the
condensed,
forlorn
instrument
slender
Graefe
Von
the
of
"
the
nonsensical
calmly," he
calmly
you're
operation.
again.
how
see
see
You
would
him
the
"
once
stomach.
the
stage-fright,this
troubling
"now
future
the
practice all the
air.
ridiculous
in
jab
office,he began
the
at
contemplate
55
SUIT
began
;
to
shove
hammer,
and
beat,
"
beat,
"
rushed
"
beat,
ward
on-
hammer
hatless
56
HOW
The
day had
After
vain
and
to
was
nervous
then?
for
he
could
and
accomplish,
know
he
would
ruin
and
he
the very
should
A
if
"
of
he
a
No,
"
would
to
take
would
die.
interior
His
trollable
uncon-
he
should
Though
"
operate
place, not,
expanding
He
shook.
certain
this
hitherto
vast
of his
Yes, he
not.
hash,
and
would
legs
promised
Though
with
in
but
before,
one
relief.
He
Indeed
would.
not.
Finally, he
similar
seemed
"
an
That
patient'shead
weak.
devils
Though
operate.
the
the
become
eyes
He
within
what
hammer,
if
thing that
he
would
man's
the
Well,
fate.
operate
as
became
He
thought
would
breast,
recesses
"
would
pounding
his
in
unknown
brain
He
great
time,
old
eyeballs from
"
he
enough
Suppose
would
spite of
"
nature
that
all
spite
He
or
would
By
little.
a
fears
ages
nervousness?
cut, and
the
and
wasn't
all!
in
of waiting.
foolish
admitted.
operate.
oculist
of
aeons
than
it
would
fingers,he
cut
of
would
slash
he
more
confound
operating
he
that
"
deal
great
hell, he
thing
After
little bit
a
Why,
expert
millenaries
high-strung; well,
very
a
from
and
"
was
zvas
last, after centuries
at
come
centuries
account
it
SUPPRESS
prognostications
He
he
TO
did
what
another
many
has
done
in
circumstances.
He
rubbed
the
He
leaned
back
shoulder
for
a
moment,
and
sat
down.
in
the
chair,
and
drew
a
great
sigh.
How
heard
the
calm
mellow
the
room
had
ticking of
suddenly
the
clock.
become.
Looking
He
leis-
58
HOW
without,
from
he
broke
never
again,
never,
never,
to
morphine.
For
like
the
beautiful
a
by
At
ten
frost
that
he
"
circumstances
any
another
been
throat
had
died
asylum.
his
stiff,and
was
"
eled
shriv-
and
insane
an
of
dose
nipped
in
died
never,
never,
professor
had
had
doctor's
the
no
himself
to
young-old
flower
the
up
under
never,
administer
whatsoever,
again,
never
never,
"
which, in all his life,
and
adopted,
he
which
resolution
instantaneous
an
unanimously
most
SUPPRESS
TO
lips
frothy.
were
At
himself
find
to
At
the
slender
tubes
of each
so
glanced
he
his
had
surprising
temperature,
fever.
no
operation-frightwas
again, and
on
before.
looked
He
took
that
twelve
than
worse
he
eleven
the
at
of
morphiae
large
at
even
shook
his head.
might
be
sulph.
a
"
of
He
grain.
a
he
But
vision.
the
seen
in his soul
body, but back
in
the
at
atropiae sulph.,
"Cocaine."
had
he
Enough,
syringe,
and
fraction
labeled
tube
a
coward
a
small
or
"
the
and
needles
He
he
was
brave.
At
the
the
one
fortieth
At
him,
and
ever
earned
the
doctors
America
have
Dr.
after
years
that
earned
ever
in
that
money
it, and
all
earned
case.
bedside.
successful
all the
had
the
money
all the
confreres
at
was
all the
in
earned
he
even
since
Lightbody
has
have
come
that
all of
before
these
repacked, for
and
unpacked
time, his operating
two
Now
doctor
that
all the
opulent
the
his
ever
to
distinguished
day
or
that
money
United
beginning
have
States
of
years
all
of
in
MALPRACTICE
A
land, could
our
have
never
59
SUIT
compensated
shaking, terror-stricken, rabbit-hearted
in the
body
the
of
terror
caked
at
fear-racked
to
and
hardened
frequent
intervals
all
hell that
there
his.
All
arboreal
and
seemed
postarboreal,
concentrated
and
into
the
and
of
center
like
explode
to
Light-
Dr.
was
ancestors,
and
body,
radiate
of
doctor's
prearboreal
and
thrown
hour
all the
unarboreal,
rolled
half
next
ing,
shiver-
poor,
his
shell
and
semblance,
pre-
a
him.
over
Nevertheless, he
in outward
was,
ternaturally calm.
The
having
to
he
he
got
be
a
trembling fingers,
eyelids two
between
trifle worse
with.
them
used
in
three
or
The
them.
The
times
fore
be-
cocaine
antisepticswere
did
quantity,so
not
need
to
particular.
Finally,
feel
little cocaine
a
Then,
again.
"Do
you
that, Grandpa?"
"No,
I don't
"All
right then,
As
he
he
noticed
wet
his
feel it."
uttered
he
he
Again
He
knife, only
to
his
dryest of the
three.
find
he
were
looked
and
have
more
told
himself
had
his
saw
where
the
those
to
we'll
ri',now
toward
out
He
"offahay."
it
word,
momentous
only
fingers. Where
once
the
tongue,
said, "All
reached
operate."
more
pronounced
the
was
we'll
once
lips with
tongue
not
with
medicine
the
You
easier.
the
separate
even
was
instilled
atropine*he
table
find
tried
that
for
forceps
in
and
his
Oh,
yes.
He
Otherwise
he
could
fingers?
they
the
offahay."
things already
them.
to
were.
60
HOW
Then
SUPPRESS
TO
discovered
he
he
had
not
inserted
yet
the
speculum.
Stifflyhe
With
forceps.
seized
laid down
the
that
hands
speculum.
force, he
great
bed.
let the
be
antisepticizedagain,
and
It rolled
heart
little
"Be
Of
Slowly
and
he
took
he
half
of mortal
half
of
a
to
lady's
a
this
and
sigh
deaf, half
apart
"
foot
or
time
and
very
fingers
that
were
the hollow-
to
then
his
sighed"
sadness
and
stepped back
began
his
to
very
in
of
Hands
his
yet
that
not
a
then
it seemed
were
it say
a
most
his
his, lifted
yet
up
concernedly,
un-
now
was
feeling.
"
ing,
whirl-
easily and
itself
further
performance
so
"
on
soul
-one
; reached
body, behind
look
tient
pa-
pandemonium
howling
material
the
over
he
slowly
and
nothing
forceps and
down
ineffable
of
incapable
performance.
awkward
blind, half conscious,
from
strange
the
have
syllables.
stooped
soul-wreck
so,
"You
two
him;
horror, and
paralysed
a
like
sunlight attached
he
because
saw
It had
doctor, patting the big
made
upon
unconscious
him
strokes
cheek.
again
slowly
gazed
cyclonic
to
corner
patient.
little
the
"fear"
handle;
"
far
a
shaking fingers,
speculum,
the
the
said
the little stiff ribbon
over
With
quick
the
paternally on
fear."
long,
with
course.
remonstrated
good,"
man
metal
clay, he
spring
floor.
the
ready.
compressed
"Ouch!"
to
the
the
and
of
lumps
fly to
on
of
knife
the
it.
inserted
old
down
was
beating
he
watch,
he
felt like
instrument
the
more
table
Compressing
of
Once
the
on
And
he
able
-remarknot
the
his,
for-
MALPRACTICE
A
voice
It
spoke.
all the
"Though
of
flashing bit
the
and
ceps
sunshine.
mumbled
Now
"
his
own
somewhere,
down
away
in hell !
devils
61
SUIT
all the
Though
devils
in hell!"
A
neighbor lady, standing
why
do
The
behind
did
doctor
Still
he
his
so?"
swear
you
himself
to
body
her.
hear
not
seemed
own
tor,
protested, "Doc-
near,
be
to
standing just
indifferentlythe
watching
taneous
spon-
operation.
The
forceps grasped
of
point
the
sunshine
gently, just
and
of
and
knife
depressed
was
is
thing
a
It
those
great
so
and
arduous
that
lightbeam accurately through
the
incision
The
Open.
devils
is
in hell !
web,
that's
but
all the
little
more
a
"Success
shouts,
"Though
Like
lens
"
Now
"
"
you
"
advances.
The
devils
a
ished.
it is fin-
"
chamber.
all the
though
"
spider's
a
machinery.
the
"
at
coloboma
The
don't
sule
cap-
see
the
little pressure
"
"
to
of
Into
in hell !
all the
Look
eye.
like
"
shoved
they
Bravo!
devils
so
"
little
you,
still aloud.
bluish-white
devils
all the
though
easy.
the
volition
the
Closed.
forceps.
"Though
magnificent.
"
a
iris
handle
thing long study
a
better.
even
the
own
done!
Well
clear
fingers; slowly
"
it goes
"
there
painstaking practice
counter-puncture!
The
shone
their
ber
cham-
anterior
Slowly,
by
if of
as
habit,
and
the
it should.
as
unconcernedly,
great
into
it should.
as
lustrous, just
the
stabbed
The
conjunctiva.
of
fold
a
an
And
Dr.
Lightbody!"
the
as
opal of
a
beautiful
the
doctor
yellowish-
magnificent jewel of
a
62
HOW
lens
cataractous
little
wound
rolled
And
those
lo
at
rolled
behold!
cries
his
in
out,
little
expectant
self
him-
Knapp
as
doctor
pouting
"Let
voice,
indeed
must
the
all
there
the
as
in
the
light
was
last
track
of
of
bit
the
opal,
light
"
a
must
small
light
"
been
Father
gracious
events,
outward
have
"
very
indeed.
light
And
still
prayer
For,
matter
much
money
that
heard.
and
the
one,
words
And
prayer.
cortical
accurately
as
the
light!"
be
have
through
upwards
but
tired,
SUPPRESS
and
easily
ever
dry-lipped,
there
rolls
as
has
TO
the
that
little
he
got
doctor
didn't
well
was
pay
him.
satisfied.
But
the
V.
TRIALS
AT
TRIAL
THE
63
CASE.
66
HOW
opia
this
TO
SUPPRESS
far
beyond the point
patient'sage.
Then
the
anaesthetic.
tension
it should
which
at
plus two.
Ophthalmoscope
Cornea
"
reveals
be
and
steamy
the
at
expected
changes.
"All
right,my
You
should
I
"Why,
"You
"Why,
than
need
the
of
yes;
an
I
don't
you
need, don't
also.
it
spectacles."
If you
do
not
operation, all right; but, without
blind
answer.
about
more
spectaclesmerely," I
need
I
you?"
know
you
wanted
coma.
glau-
spectacles,Doc."
some
course
only
operation
an
wanted
what
I do, but
"You
take
only
want
"you have
operation."
friend," I say;
"You
say.
wish
take
to
will
it,you
tainly
cer-
eventually."
fatuous
The
countenance
gives the grin of ignorant
incredulity.It says more
plainly than words, "I
believe
are
lying."
you
"Insure
the eye?"
go
"
"No."
"Why
not?"
"May
I ask
"Yes.
I
"Work
for
crop?"
"Why,
am
I
can
another
hand."
man?
Do
you
insure
him
a
no."
promise
cannot
perform
a
You
a
promise good work,
Just
so
good operation, but
it is not.
only hope."
can
crop.
Sometimes
success.
sometimes
farm
a
"Certainlynot.
you
occupation?"
your
the
An
with
your
I cannot
operation
but
eyes.
ise
prom-
is successful,
operation is,however,
your
A
can't
"I
"Look
here.
insurance
you
why
see
is
business.
the
I
be
the
of
extent
organ
that
know
of
in
the
for
sale
no
ask
that
I
business,
I should
be
The
man
the wind
of
he
rises.
"either
are
they
till at
into
no
But
last
to
put
are
them.
on
the
door
he
eyes
they
wheel
change.
no
yours
tion,"
opera-
"So
Doc?"
me,
on
you
I
answer,
change,
less
un-
is
ground
will
change
darkness
changes
day."
The
"ha
ha !"
throwing back
man,
"You
can't fool me,
right though
all my
Though
this
man
is
; that's
a
human
his
head, laughs
Doc,"
the way
to
logicalpearls are
being, and
a
;
chest with
change
tell when
cannot
for
services
need
don't
And
the
know,
you
change,"
a
in
them
wide
change
and
very
yet you
pauses.
Glasses
I
insurance."
don't
glasses that
a
the
even
you,
fillshis great
off anyone.
or
on
He
glasses that won't
"There
assume
the
self-importance. "I
no
to
an
disease.
price for the
reasonable
At
not
ask
getting nothing for
says.
hain't got
a
am
I should
fee that
merely be
would
I
to
or
And
risks.
that
(even
take
not
only that but
not
The
does
Even
man
a
terrible
a
when
them
assume
and
nothing.
that
ance
insur-
see
insure
fee) either
rejectjust such
to
not
you
insanity to
company
the
services.
can
afflicted with
was
in
give
doctoring business, and
is medical
doctor's
I can't
not
am
company,
wildest
the
greatest pains
all
am
I
I
eye."
my
why
reason
that
insurance
an
it would
the
chief
simply
article I have
were
can't insure
you
The
67
SUIT
MALPRACTICE
he
says.
a
loud
"That's
get rich."
certainlywasted,
brother; my
heart
68
HOW
somewhat
that
will
attempting
trial
A
bad
and
lessons.
red, and
are
papa
Does
she
I evert
granulated eyelids
the
father, and
for
glasses.
of
name
he?"
I
of
to
trampled.
to
seek
The
furnish
I
She
best.
a
I tell them
again.
drops
Still
will do
some
case
is too
show
case
a
of
medical
the
lens, and
lens
only?
her
"Does
sion
profespearl
are
gone,
shameless
mill.
wants
a
most
glasses
the
mill,
the
Oh,
the
modest.
so
But
of
case
I
daughter
new
tainly.
cer-
with
glasses, she
with
a
cross-eyed boy.
operation, but
for
the
a
see
her;
says.
is ended.
truth
far gone
operation; and, looking
they
Glasses
good.
great
a
to
be
down
the
the
about
they think
Further, training will do
the
his
with
parents
case
the
a
return
eyes
be
him."
brought
not
will
enter
properly
yet
one
superfluous visit
Now
is
has
she
day
some
broken
Her
diploma
not
permit
graduate
eyes
spectacles."
should
and
Painful
is not
weeks'
with
honor
to
Next.
form.
this
trials
he, mentioning
six
he
man
has
woman
Can
one.
earth
I
Then
that
the
glasses?
says
and
shameless
the
A
"Then
step up
all the
is
The
"So-and-so,"
in
work."
her.
that
a
of
one
terrible
him
of
itself
day's
with
its most
in
inform
respond.
ought
only
lids.
dering
stupid floun-
great
need
granulated eyelids
"cures
He
the
graduate
a
is
darkness
long
entertain
to
Her
girl.
the
his
"It's all in the
case.
little
of
of
This, however,
darkness.
the
think
I
him, and
to
come
mind
at
when
aches
SUPPRESS
TO
know
will do
deal
of
once
future
and
best.
Well,
more
good.
good.
entirely curable
the
know
parents
matter
His
for
But
without
a
year
A
I
MALPRACTICE
the parents
or
two,
an
operation. They
see
Dr.
Shastid
tried
but
failed.
"Then
and
And
went."
have
now
SUIT
their
cure
Dr.
tell how
without
son
operation
So-and-so, of St. Louis, operated,
the
eye
the
city oculist
is all
We're
right.
information
exclusive
city" having
triumphantly, and
return
to
in "the
day
one
69
is
calmly
on
the
age,
one
glad
so
we
assumed
subject
to
of
cross
eyes.
Two
that
be
of
ladies
is
she
middle
lady indeed,
a
examined
with
and
unusual
of
she
that
I
care.
insists
whom
therefore
promise
must
her
great
care.
"I knew
she,
not
ignores the
she
as
would
you
neglect me,
I offer
chair
Doctor," says
her, and takes
another.
last I get her
At
difficultyI
test
right chair. After
focusing her attention
in the
in
succeed
much
the
on
letters.
"I
"What
!
top line."
the
only read
can
Can't you
read
I'm
than that ?
more
any
astonished."
"Oh
I
"All
right; please read,
can
read
but
more,
then
I have
though
even
look."
to
you
have
to
look."
"Well,
little
scum
Doctor, it sometimes
was
growing
"Kindly read,
"I
can
see
the
even
over
at
letters,but
as
if
a
eyes."
my
the
just
seems
expense
I can't
of
looking."
tell what
they
mean."
"Oh
to
they don't
make
mean
sense.
separate letters."
anything. They
They
are
aren't
posed
sup-
just isolated, just
70
"If
they
don't
"To
test
eyes
make
what
sense,
have
do you
them
for?"
sounded
the
just
"Don't
with
get
I can."
when
"
I may
slightest undertone
of
I'm
the
Doctor.
cross,
have
tion.
expostulathat's
one
suffering."
I have
with
humor,
her
I try to
However,
doubts.
my
smile
I
and
lighted
de-
seem
sweetest
my
smile.
suddenly begins reading softlyto herself,
Patient
low
down
the
on
the
card, among
smallest
very
letters.
"speak a little louder, please. I can't
whether
getting the letters right or not."
you are
Patient's patience is thoroughly exhausted.
I say,
has
borne
with
she
whether
getting
mercy's
sake
I know
suppose
irritability
(for I
"did
right
when, Madam,"
"Since
and
them
then
sat
was
the Roman
I, with
say
late last
up
rousted
alphabet cease
night
to
for
bit of sleepy
a
with
belong
nals,
jour-
my
this
early
out
Do
letters."
own
my
of
I know
not.
or
She
look
a
exclaims, "Well, I know;
infinite scorn,
I'm
With
long enough.
me
tell
morning),
zation
all civili-
to
?"
heal
I try to
smile, but
too
am
long sigh, looks
goes
and
her
part of the
some
hat
room,
time
wound
The
late.
about
gets it. She
takes
for
the
from
where
for
instantlywith another
a
lady rises, heaves
her
returns
a
to
chair
she
adjusting her
wrap,
discovers
where
I
and
stands
coiffure
goes
before
and
it,
ing,
stand-
am
another
to
a
her
mirror
hat.
A
I make
MALPRACTICE
pleasant remark
a
111
SUIT
she
these
but
two,
or
ignores.
If she
I try to
She
last she
turns.
addresses
her
to
slow !
so
with
the various
window
Not
yet, however,
to
few
remarks
low
The
latter
tains
cur-
room.
merely
buzz
be
busy myself
of the
At
wouldn't
only
a
companion.
in like manner,
and
in
a
and
now
depart.
toned
then
sponds
re-
her
occasionallynods
also
head.
The
two
I
though
Mrs.
again attempt
few
A
days later,
So-and-so
I said
A
nine
lady
do
beautiful.
the
the
well
can
as
they give
It is all
"fit him
"All
"No,
to
of
a
Doctor,
jean
friend
that
but
that
the
of
Can
you
I
right, she
she
I start
to
to
sense
most
explain
ly,
Short-
says.
begins
rebel
She
to
will
at
just
argue
comes
glasses.
does
ought.
pair
the
her
to
and
red
are
the
never
dioptricsof hypermetropia.
He
40.
is twenty-
She
headaches.
good
her
of six
he
right.
".What!
me,
poor
day,
however,
Now
accepts
thinks
he
other
and
suddenly
laborer
a
reading.
unremitting
regret the correction
A
to
from
eyes,
is found.
she
and
rescue,
conversation.
Her
atropine.
little,but
a
the
me
thought of wearing glasses.
the
a
and
trouble
word
I shall hear
much
does
constantly weeping,
about
a
nothing.
who
excruciating
start
to
consulted
I could
and
without
out
pass
not
He
at
see
to
wants
times
know
as
if I
spectacles."
read
those
letters
yonder?"
I cannot."
you
not
read
even
the
very
largest?"
72
HOW
TO
SUPPRESS
"No, Doctor, I cannot."
I hand
him
Again
he
fails
to
read
a
tiny
pass
at
type.
near
some
the
even
largest
very
letters.
I
make
closed
hand, and
I
about
am
for
tests
think
he
dodges
submit
to
the
"patient"
the
malingering, when,
of
I suspect
; so
something.
"Oh!
Doctor, I do
not
with
gentleman
to
malingering.
special
some
I
suddenly,
Do
my
happen
know
you
to
your
letters ?"
"No,
know
of
single one
even
a
the
opthalmoscope.
them."
We
all
are
Later, strange
his
in the
Then
talk.
he
His
but
he
are
in
and
spoils the
whole
the
to
a
old
home
of
be
listen to
terse
"push,"
before
me
before
Well, he
follows.
promptly.
to
agreeably enough,
Suffering patients
has
thrusts
open
takes
was
all events
him.
he
But
this occasion.
on
who
lady
the
long
the
door
the third
time
in
quite
a
a
last
learned
and
ulously
quer-
line, and
of this un,
midnight." Then
judgment collapses.
rather
lacks
At
since
to-morry
talker without
at
has
by stopping
matter
on.
remarks, "Doctor, I'm
get
his bill
fall
and
on
delightto
judgment
patient, an
everyone
spiteof
man,
but this man's
waiting room,
tongue wags
is really a good talker, and, at another
He
the
value
pays
sentences
and
on
time, I should
the
"
I find the
seem,
bank, too,
first few
runs
forever.
it may
as
now
illiteracy,
exceedingly intelligent. He
gross
money
right
I'll not
my
satisfactorypatient
contrast
to
the
if
one
teresti
in-
way,
any-
that
74
HOW
much
"How
So
much.
He
pays
A
all
he
him.
understands
little.
knows
I have
which
And
however,
he
the
I
helped him,
the
side
knows
compliment of
me
regard
understand
six weeks
does
not
in
that I
that
I like
time
stopping
and
intelligence,
For
he
has
a
to
talk
I love
in the
wife
and
be
pleasant
to
me
death
are
corner
of the
also all of his kind
world.
my
at
and
he
diseased
patients,
the
same
of words.
of
him.
are
all
inform
never
him, for that
also.
to
druggist
they
I esteem
be
I
appreciate his
more
shall
that
tions
examina-
my
large family ; and
I
he
not, that
economy
spoilthe emotion, possiblyhim
to-night,should I happen to
shall probably ask the good Lord
and
I
; and
fact that there
and
gentleman
a
of
without
especiallyhis
a
flung a
it) that
say
insurance
would
I
had
a
impossible
me,
sarily.
unneces-
robber, that he knows
like him.
intelligent
him, however, quite how highly
wise
to
me
capable of conducting
advice
or
suggestion from
to
rejoice,too,
if he
as
really
pays
words
am
man
a
He
jeweler or
opticalcollege does
an
for
come
without
a
as
at
business, that
my
with
organs,
well
me,
indeed.
balance
it.
using
not
perceive (quite as
does
not
I know
helped
much
very
ledger the
that
dictionaries
has
He
too.
me
large library of
I
"See
distance.
a
Doctor," he says.
I understand
very
lies.
from
me
that is all.
And
He
pay?"
to
later he hails
rightnow,
Yet
a
SUPPRESS
it.
month
And
TO
a
Yet,
theless,
never-
praying
bless
kindred
man,
this noble
in every
VI.
REALIZATION
OF
DEATH.
VI.
REALIZATION
Before
returning
character,
I
following
reminiscence
used
with
be
hills
for offering
pardoned
time
and
when,
as
old-time
an
"
their
in
legal
more
the
father
my
DEATH.
matters
of
the
over
"
to
possibly
may
ride
to
OF
hollows
I
boy,
a
titioner
prac-
country
Pike
of
the
County,
Illinois.
Once,
the
at
a
the
strolling idly
and
door,
he
me
efforts
to
revive
the
Four
their
pressed
the
the
three
grief
of
others,
the
wife
head
wife.
intent
the
and
of
was
at
a
bed
stood
little
mother
was
77
day
the
man,
of
not
notice
the
side
in
of
woman,
were
weeping.
something
his
my
sobbed
a
his
instinct
father
distance
neighbors,
cious
spa-
A
; and
my
did
time.
the
flower
bed
a
was
within
counterpane,
the
At
in
children
small
apparently
and
large
a
very
he
that
man,
of
of
frozen.
the
pillows
in
length
fashion
was
in
So
five
or
faces
At
or
with
dying.
was
entrance.
bed,
heart
my
side
out-
father
unthoughtedly
black-bearded,
lay propped
years,
the
after
"
stepped
suddenly
"
white-faced,
told
I
building,
waited
my
unusual
the
painted
that
me
rather
a
toward
white,
snow
to
I
while
place,
it seemed
house
structure,
"
silent
very
buggy,
in
staying
So,
at
terrible
the
vulsively.
con-
questionably
un-
two
The
to
78
HOW
behold.
sobs,
many
of
She
what
it
that
of
the
but
solemnity. No
turned
inward
calmly
and
As
to
the
face
buggy.
die.
Death,
so
all do.
but
as
and
house
mansion
of
long
had
I
or
so
soul
where
that
day,
to
from
woe,
went
a
where
kept
No
of
was
matter
he
must
; that
we
should
man
heard
quently,
fre-
very
all the sad
and
and
my
concerned,
was
it seemed,
with
the black-bearded
of sorrow,
I
body,
the Patchens,
"
filled up
went
had
of
meaning
my
his
funerals
seen
died
evil.
and
Die, die, die
course,
often
years,
and
die.
great family of
whole
seemed
for the first time,
us.
paraphernalia
who
ently
Appar-
depression.
my
this world
before, the
realization
We
it.
; and
seen
strong
as
of all of
The
its great
and
away,
must
how
or
for the first time,
never
introspection
and
know
not
man
far at least
I had
those
now
I had
that
me,
whelmed,
over-
soon.
might
things, of
and
known
came
philosophy,that day
the end
trappings
and
the spectators, great
I turned
what
he
his heart,
Such
die.
intermission.
concerned
move,
with
spasm
raging griefs about, it
father
tell him
upon
happy
should
for
the deepest memories
that
how
be
the
My
not
impressed
to
vast
calmness
matters
I could
as
terrible
was
one
impartially judging them, good
averted
The
in
face, its faint smile
to
on
soon
I did
of
the
outward
indifferent
shaken
shocked
most
sorrow
rather
be
strong
here
the
man's
dying
too
that
to
bound
and
was
was
much,
so
be held
not
was,
SUPPRESS
seem
sorrow
was
as
not
to
as
Her
woe.
But
did
TO
I had
even
particularly
;
I
perceived,
death, and
the
sad
gloom.
place
man
from
not
far
had
died, and
I waited
in the
the
the
road,
A
could
be
my
with
and
love
and
what
closed
my
the
against
last
and
I
its
seemed
have
have
to
And
high
upon
tens
a
as
sickle, and
sweet
myriad
which
had
come
the
mysteriously taken
was
aged
stalks
time
when
them
away.
so
would
ment.
gar-
fence,
of wheat
ant
pleas-
in my
me,
to
sands
thou-
in the
heads
some
and
sable
a
am
death
summer,
stalks, like
companionship
upon
a
me
of
spread,
with
it
when
I, "I
sadness
have
grave
distraction, that they had
of the
as
of
the
I ran,
and
thought
I looked, it seemed,
condition, that
at
between
come
were
as
of thousands
And,
Overcome
weakly against
field where,
bowing, bowing, their
breeze.
to
it
as
its
grief, to
I ran,
the
to
leaned
and
went
into
earth,
turned
deliberately faced
I
hills had
For
ran
eyes
last I fell. And
at
not.
my
gaze
its
to
"
I
hands, I
my
And
road.
And
was
all the
I
dead
ter,
mat-
away,
pressed
found
ever
followed, and
looked
stood
and
sight. "Now,"
I
But
covered
and
of
sorrowful
rid of it."
the
running.
on
number
a
the
road
Life
things
turned
in my
melancholy,
along
I
as
!
gone
imperative instruction.
ran
Turn
do
I
face
of the
blackest
kept
I arose,
house
What
my
I
It
warning.
"forever
me,
to?"
dropped
the
the
the
and
I
and
eyes,
lofty
reverting to it. "Gone,
all gone.
life amount
to
about
to
say
across
and
its
on
fascination.
gaze
does
to
by
to
large
monument
that ; but in vain.
backward
sorrow,
my
happiness
fence
and
growing
a
found
ever
!" it seemed
gone
to
bright
a
eyes
I
might,
as
79
SUIT
white
distinctlyseen,
hill, shining
drew
MALPRACTICE
wrought
over-
sad
were
dim
foreknowledge
rain
and
cease,
shine
when
and
life,
mysteriously, should
For
this
reason
it was,
be
I
80
HOW
their
SUPPRESS
all
day,
kept
they
day,
in
heads
grave
in
silent
and
reverent
"
ing,
bow-
bowing,
cence
acquies-
fate.
Unable
stand
to
started
more
all
that,
thought,
TO
and
away,
fancies
morbid
the
attempted
I
longer,
to
run
once
when
;
denly
sud-
"
"Hello,
buggy,
his
side.
and
the
And
it
till
hills
down;
and
I
was,
to
so
him
long,
began
what
my
as
and
to
the
each
sat
unmoving
day
at
if
wonder
had
"
the
been
last,
puns,"
for
like
his
me.
had
our
very
came
self-
unspeak-
and
the
a
night
through
night
to
the
to
with
filled
till
house
that,
down
on
laughing
on
to
stories
to
so
were
drove,
father
long,
so
kept
we
first
at
"
"side-splitting
us
did
tactfully
things
and
to
death-scene
afterwards
and
about
the
how
me,
then
jokes"
we
his
clamber
and
of
history,
of
house
then,
dark,
peopled
ing,
'twixt
to
and
And
him
pleasanter
to
hollows
and
in
father,
my
him
told
brought
"huge
to
laughter.
time,
had
was
to
run
I
as
topics
or
tales,
long
not
consolation,
comical
joyous
I
mind
my
adventure
the
did
It
hill.
the
then,
mood
of
matters
of
down
gladly
guide
not
there?"
you
coming
How
he
are
child
not
that
become
I
VII.
EXHIBITION
COMPULSORY
CASES.
INJURY
Addressed
both
to
Not
the
the
courts,
of
variety
plaintiff
in
actions,
medical
injuries
exhibition
(when
committee
the
certain
suit
in
at
exactly.
It
proper
if
he
go
upon
plaintiff
the
does
to
stand.
not
so
to
plaintiff
in
the
jury;
who
physicians,
what
But
choose?
about
What
83
a
his
exhibit
to
to
appointed
later
a
by
ceed
pro-
the
understand
that, with
admitted
everywhere
directly
cases,
or
testify.
and
choose,
so
leged
al-
jury,
indecent)
should
beginning,
the
indirectly,
to
is
his
the
to
be
who
and
belong)
exhibit
be
should
(to which
suits
to
would
federal
the
suit
cases)
who
very
restrictions,
may,
jury
stand
the
will
his
court,
witness
Please,
question
the
by
or
the
to
the
injury
proper
physicians
of
parties
(in
to
all
malpractice
against
either
"
personal
a
in
also
and
that, in
perhaps,
understand,
courts,
obliged
be
cannot
state
the
to
especially.
more
physicians
many
of
some
the
but
lawyers,
and
doctors
former
PERSONAL
IN
injury
personal
injuries
or,
in
are
cases
if, when
either,
"
other
stances,
in-
afterwards
where
the
the
de-
84
HOW
fendant,
undergo
then,
plaintiff,
his
against
the
May
At
court
the
the
involving
in
English
all the
centuries
America,
question
in
to
England,
the
the
English
yet
were
under
to
such
However,
in
matters
rather
published
3, p.
so,
Suit
Under
be
right of the
arose
in
an
have
action
the
in
an
"May
of
arisen
the
law
the
Law
the
the
to
be
Exhibit
the
ent,
differ-
question
be
garded
re-
in
consider
found
sidered
con-
present
writer
Vol.
1, No.
Review,"
Plaintiff
this
question
best
may
by
the
in
very
to
thought
even
on
matters
that
upon
article
to
Indeed,
however,
early
place. They
Compelled
What
injuries to
law
"Michigan
It is rather
the
this
entitled
did
"
might, therefore,
it is not
fully
in the
193,
Injury
the
containing
as
in
in
not
analogous
which
and
days,
colonization
which, though
extent
in
decision.
for
very
time
no
show,
later, it has
law
some
discussion,
embryo.
records
up
certain
were
American
and
At
of
surprisingly late origin
subject, there
decided, either
Notwithstanding,
day.
present
of
fact
come
case
no
Anglo-Saxon
as
will appear
as
that
was
beginning
least
single time
a
question
the
at
pelled,
com-
examination?
the
remarked
be
earliest
from
far
so
object,be
so
law, till 1868.
from
and
"
in
American
or
England,
it is to
power
objects?
him?
compel
outset,
does
undergo
to
plaintiff
the
inspection, he
he
when
will,
so
that
itself,suggests
court
physical personal
a
the
May
the
or
SUPPRESS
TO
in
His
a
Personal
If
Injuries?
Circumstances?"
suggestive that the first
defendant
in
an
involving
case
action
for
personal
personal inspection of his adversary,
for
malpractice against
a
physician
"
A
Lewis
Sayre,
operated
It
MALPRACTICE
a
that
alleged
was
abscess
an
upon
of
The
the
limb
the
granted
court
"I
am
for
the
such
any
time,
same
application
is
is
having
consequence.
of the
The
Jones, J. :15
recorded
denied.
of
case
been
having
no
some
examination
recorded
no
discovery
there
in
arid
plaintiffresisted.
Said
and
hip joint and
articulation
the
girl.14
young
a
the
of
physical
a
order.
of
followed
which
there
aware
for
the
had
City, who
inadvertently
had
capsule
had
a
plaintiff,
proceeding
hip
Sayre
the
asked
defendant
York
the
stiffeningof
permanent
deformity
New
in
Dr.
unnecessarily opened
that
of
surgeon
85
SUIT
It
granted
but,
;
of
case
tion
applica-
an
at
such
any
is
such
probable
no
made.
The
it never
why
application was
ever
reason
was
be
but
be
cannot
known,
conjectured.
Among
many
may
of
tive,
them, that people are
taking the initiaalways timorous
to
especially if the step is likely to subject them
large
suit
in chancery
would
of
as
a
case
expense,
; therefore, a
almost
them
absolute, necessity is requisite to set
urgent,
that
in motion.
It is probable
of sufficient urgency
no
cases
the
this
occurred.
to
timorousness
at
Again,
overcome
ject
time
of the commencement
of the
action
at
law, the sub-
of
inspection is desired
which
lost, destroyed,
the
party,
suit
a
the
from
derived
16
also
out
passed
changed
by
so
been
have
of
control
the
natural
be
inspection would
an
Walsh
of
not
v.
that
causes
no
have
motion
"A
14
be
it may
would
cases
of
of
or
ficial
arti-
benefit.
no
in
natural
would
of
become
that
as
or
up,
either
may
of
tion,
duraconsiderable
chancery
was
all
in
have
become
so
probability,
subject would,
as
changed
used
have
or
causes,
Again,
been
be
avail.
been
Again
considered
adequate
to
similar
to
the
Sayre,
52
Howard
inspection,
an
in
the
present
benefit
the
dered,
or-
proportion
large
a
that
when
to
be
expense.
all these
obviates
Pr., 334
ob-
(1868).
it was
expedient, perhave, wherever
possible and
mitted
I have
in his own
the judge
the law
words.
to state
in every
instance
citations, and, when
given exact
sible,
pos1
both
the
reporter
for
my
to
the
state
system.
statements
can
reports
Thus
no
arise.
and
also
question
to
as
the
to
volumes
the
of
authority
86
HOW
jections, except
established
This
well
case,
holding
would
is nevertheless
In
and
particularmotion,
any
its
require but
the
first place, the
first recorded
case
impression,"as
last resort.
the
in
the
in the court
in which
decision
general
of
the
question
Said
overruled.
was
"The
order
what
upon
sideration,
concases
and
court,
supreme
case,16indeed,
next
Sayre
v.
"
unusual
of
that
precedent
defendant
cites
inquire
well
may
we
For
principle it rests.
is called
the
leading
or
what
Pr., 334). That
case
was
of
New
the
of
the
term
court
by
superior
special
decided^
action
York, in 1868, and
was
was
reported in 1877. The
for malpractice, and
the motion
that
by the defendant
was
the plaintiffsubmit
to
by surgeons.
personal examination
a
case
Walsh
later
squarely, Walsh
arose
of
court
a
by
sens
les-
Learned, J.:
so
authority
the
precedent
of
is
of first
important
overruled
In the very
the
as
case
not
most
of the
justice,
materially
was
as
authority.
an
"a
very
"
court
was
term
appeals.
goes
of
it stands
"
far the
"
as
question
the
Thirdly, by
"
both
phrase
important
cause
that
fact
the
Again,
the
to
on
trifling."
is but
great force
very
upon
the
its value.
be
now
adjudicate
to
it is, and
as
to
of very
not
days
expense
argued
seem
few
a
the
principle being
the
for
second;
the
it will
SUPPRESS
TO
Sayre
v.
(52 How.
"The
opinion states that there is
such
discovery
application for any
and
decision
the
We
chancery.
of
by
a
bill
see
books
of
his
expose
is based
is
suing
for
part.
Nor
"Roberts
(1883).
the
the
to
person
same
inspection
case,
of
do
we
v.
know
of
Ry., 361 N.
any
Y.
reason
the
of
of
duction
pro-
party
a
party
a
to
physicians."
it is said
that not
true
undoubtedly
bodily injuries, do exhibit
granted,
between
compelling
an
discovery in
to
examination
the
of
case
been
having
analogy
whatever
or
papers
and
discovery,
Further, in the
"It
upon
analogy
no
and
the
recorded
no
:
"
infrequently plaintiff's
in
court
the
injured
why
they
should
Supr., 154,
29
Hun.,
154
A
do
not
this
injured
part
otherwise)
or
jury
the
other
on
any
modesty
the
the
to
as
But
presence
the
physicians
all
excite
the
opponent
dictate
the
the
presence
exhibit
to
examine
of
his
of
of
mind
jury.
alleged in-
principle that, either
the
in
or
of
extent
or
pathy.
symconcealment
any
in
doubt
a
excite
may
unreasonable
(not justified by
admit
his
exhibition
hand,
genuineness
jury,
compel
can
party
enable
to
the
may
cannot
we
of
87
SUIT
notwithstanding
;
And,
of
MALPRACTICE
in
the
referee,
a
in
body
a
order
testify.
forbidding a physician to
while
obtained
testify to information
attending a patient,
enable
him
to
to
strictly applicable to
act, is not
necessary
consideration.
under
if the
the question now
will
But
law
not
permit a physician, voluntarily consulted, to reveal what
he
it be
has
that the law
will compel
learned, can
a
party
of the body
and
to
to
reveal, by exposure
by answers
tions,
quesfacts
he
afterwards
to
physician, to which
a
may
testify in court?
"There
of this nature
be
danger that in actions
may
the
plaintiffs will exaggerate
received;
injuries they have
that defendants
be at a disadvantage
in ascertaining
and
may
"Section
to
the
of
834
and
and
question
Code,
_
the
truth.
exact
of
of
system
a
which
actions
commencing
evil
bodily, and
deter
might
this
But
many,
however
is far
less
than
the
tion
adop-
tions,
examinaperhaps immodest,
from
ever
especially women,
the
injuries they had
great
sustained."
the
Next
of the
court
decision
At
last
in New
Y.
came
If the
resort.
In
the
up
case
presented for decision,
was
opinion
v.
written.
was
Third
New
supreme
v.
York
Sixth
Ry., 129
the
court,
R.
Avenue
court
and
18
been
decisive.
was
It
R.
and
was
Co., 50
Avenue
R.
No
the
other
full
held
N.
in
in doubt
a
R.
the
cases
case
a
had
question
before, this
"McQuigan
than
in both
and
superior
in
matter
(1884); Archer
v.
412
Super. Ct. 378 (1885).
19
the
the
"Neuman
Ct,
York,
in
of the power.
York
exhaustive
1T
twice
against the existence
appeals.19
question
arose
New
city of
was
of
court
question
in
and
the
Y.
Super.
Co., 52 N.
Y., 50 (1891).
of appeals is a higher court
of last
is, therefore, the court
N.
88
HOW
of
clearest
in
examination
"Upon
SUPPRESS
that the power
language
suit for
a
TO
personal injuriesto
submit
did
Andrews,
exist.
not
organization
the
succeeded
the plaintiff
compel
to
the
of
Said
state
our
to
cal
physi-
a
J. :
"
government,
exercised
theretofore
our
by the
of law
in England,
and
far
courts
chancery
so
as
they were
situation.
It is a significant fact that
applicable to our
not
be
in
the
trace
decisions
the
a
found
law
can
of
common
either
the
courts
since
of England,
before or
Revolution,
of the exercise
to
to
of the power
compel
a
a
sonal
perparty
courts
action
from
the
we
that
suppose
invoked.
most
it
court
exercise
the
known
to
no
case
have
is
power
the
it is difficult
been
yet,
The
jurisdiction.
conclusive
against
if the
non-
its
ence,
exist-
question existed,
in
power
centuries
far
so
claimed
or
this
not
for
and
law
it supposed
was
with
it is strange
have
unused
been
reasoning, as
This
opposite
that
to
Which
Sayre.
here
In
York,
and
been
never
it
called
Sayre
20
late
21
Laws
the
of
of
only
in
this
to
1893, chap.
721.
one
sary
neces-
law
common
ever
in
upon
This
in
the
with
the
runs
v.
:
"
It is
to
matter
would
expressly
so
made
statement
regard
statute
passed, dealing
Walsh
original.
the
confirm
changed
was
down
statute
article
law
question.
law
The
the
of
origin
the
as
common
italicised
it tends
beginning
least
is not
v.
the point in question
to
as
Walsh
of
case
better, it
principlelaid
is not
passage
here
because
the
near
the
operative.
This
the
definitelysettled.
the
made
was
treated
far at
so
was
and
law
precisely the
is
seen,
is the
The
1893, however,
by statute,21
be
Jones, J., in
consider.
to
concerned,
was
of
will
reasoning
in New
power
exists
power
not
in~
the
at
activity."
into
be
the
would
armed
was
of
in
but
should
examination
to
person
common
discover,
can
the
that
his
party.'*'If
other
frequently
and
Actions
for assault
ing
battery, for injuries arisgenerally for personal torts, were
negligence, and
to
among
powers
submit
to
of the
stance
as
to
the
under
tremely
ex-
cussion.
dis-
seem
to
with
the
90
HOW
low.2*
In
realitythe
clearly seem
and,
moreover,
said, is
this.
an
The
made
submit
and
does
case
the
to
whatever
not
decision;
Still
cited.
are
arbitrary.
All
refused
to
no
court
that
the
There
jury.
make
to
power
pel
com-
examination
the
to
eyes
of
had
the
that
his
presence
court
this
"
is also
appellee to
physician in the
in
necessary
is scanty
follows:
"Complaint
in
been
opinion
as
opinion
authorities
no
further, the
is
have
to
SUPPRESS
TO
of
error
no
was
enforce
or
a
such
order."
In
the
next
discussion
question under
but
the
existence
terms:
"As
the
upon
is not
subject,25the
squarely passed
the power
of
is hinted
at
upon,
in the
lowing
fol-
"
view
we
touching
case
the
it
case
quite
seems
for
unnecessary
the
to express
us
opinion upon
general question as to
any
it is shown
and
where
whether, under
circumstances,
proper
administration
of justice
by satisfactory proof that the due
such
have
the
court
not
to
action,
a
requires
power
may
action
for
personal
injury, to
compel a plaintiff,in an
a
submit
such
examination
be
to
as
personal
necessary
may
for
the
of
of
purpose
the
nature,
complained
In
up
that
Joliet St.
Ry.
and
two
decision
decision
24
102
Illinois
of
of the
v.
Call
decided
the
dence
satisfactory evithe
of
injury
the
question was
However,
question came
by
mentioned
not
in P.
The
negative.
is weakened
therein
cases
the
both
those
"
E.
fact
cited
are
necessary
D.
the
cases,
to
the
Ry.
Co.
(1882).
Bridge
HI-, 177
in
29
knowledge that, in
case.
111.,272
St. Louis
"143
"
permanency
of the opinion, however,
the
85
Co.
was
apparently without
the
and
extent
and
of."
squarely,
force
furnishing reliable
Co.
(1892).
v.
Miller, 138 111.,465 (1891).
MALPRACTICE
A
Rice
v.
again
the
"
question again
decided
adversely
that the
So
power.
definitelysettled
with
accordance
been
Civil
*9
negative. It
nois
Illi-
decided
in the
though
in
preme
su-
up
for
the
the question
has
frequently,and
often
direct decision, it
So, too, in the
really decided.
Appeals,
as
is worth
in the
arose
of course,
court,
coming
been
claimed
of Illinois.
very
missed
was
regarded
precedents established
discussed
yet
never
Texas
the
was,
and
of the
be
now
question
in the supreme
Texas,
only narrowly
has
may
the
of the state
court
has
matter
of appeals ;28 and
court
In
the existence
to
in 1895
91
squarely
arose
in Illinois in the
that
mentioning
SUIT
question has frequentlybeen
discussed,30 without, except in three cases,31 its having
been
which
it
it
held
was
the
favor
of the
144
28
decision.
that the power
did not
question,should
court
supreme
*
the
In
the
unquestionably necessary
was
that the
doubted
in
to
necessary
of
Texas,
two
the
to
decision,
exist.
It is not
it
arise
ever
would
be
in
cases
to
be
squarely
decided
in
plaintiff.
111.,227
(1893).
Keith, 65 111. App., 461 (1895).
1. "
G.
Co.
N.
Underwood,
64 Texas,
463
v.
Ry
Pac.
Ry. Co. v. Johnson, 72 Texas, 95 (1888) ;
(1885) ; Mo.
Fe
Colorado
Sante
"
Ry. Co. v. Norfleet, 78 Texas,
Gulf,
C.
B.
Q. Ry
"
v.
89
321
(1890)
;
Chicago,
Rock
Island
"
Texas
Ry.
Co.
v.
(1899).
Texas, 709
Langston,
92
so
S. W.,
588,
Gulf, C, " S. F. Ry. Co. v. Nelson,
24
"
T.
C.
Houston
Texas
Civ.
Ry. Co.
App., 387 (1893) ;
5
Civ. App., 544
(1896) ;
v.
Berling, 37 S. W., 1083, 14 Texas
Civ.
Texas
Co.
C.
I. "
T.
R.
App.,
v.
Langston, 19
Ry.
(1898).
568, 47 S. W., 1027
81
Ft. Worth
Ry. Co. v. White, 51 S. W., 855 (1899) ;
H.
"
S. A.
Sherwood,
67 S. W.,
Ry. Co. v.
Galveston,
Co. v.
Northern
"
Great
R,
776
( 1902) ; International
Butcher, 81
S.
W.,
819 (1904).
92
HOW
Delaware
In
in
some
his
decided.
the
At
the
and
should
be
Three
examined
by
examine
of these
physicians
defense
asked
his
"Per
curiam.
Under
the
merely
because
has
question
82
who
recess.
that
to
have
The
now
court
In
this
was
no
hibit
ex-
it
and
the
the
:
"
to
power
pel
com-
examination."
an
this
decides
case
entirely obiter;33
and
it is the only
in which
case
but
it is here
nominally
even
one
for
exhibit.
opinion
we
ceeded
pro-
plaintiffto
jury;
the
plaintiff
the
objected.
of the
think
the
passed
tle,
lit-
cited
point
in
upon
in
Delaware.
Massachusetts
Mills
the
to
plaintiffto
was
been
the
counsel
the
compel
to
submit
ever
of
state
In
testifying,the
circumstances,
is
perhaps
that
when
the
We
"
plaintiff to
the
for
attorneys
agreed
who
plaintiff. Afterwards,
his turn,
all there
court
defendant
then
court
compel
to
exhibit
to
by the defendant,
was
in
plaintiff,
refused
higher
the
the
leg (the part injured)
the
was
the
the
it
court,
physician during
a
physicians, selected
to
lower
wished
was
recess,
noon
the
who
it
jury, and
arisen," and,
once
In
outset,
parties got together
two
the
the
injuriesto
objected.
question has
been
at
plaintiff,
the
was
the
sense,
SUPPRESS
TO
Wilmington
v.
34
only
one
has
case
City
Railway
dictum,
or,
Co.,
arisen, and
i
Marvel,
269
(1894).
33
The
Obiter,
phrase
which
but
case,
sayings,
either
is
obiter
to
not
cases,
even
at
times,
in
"Stack
58 N.
an
in
the
what
same
is
v.
New
E,
686
(1900).
same
of
it.
binding
jurisdiction. They
are
not
"persuasive
called
jurisdiction, or
N.
H.
York,
the
by the
is expressed
decision
the
to
opinions,
saying
a
which
opinion
necessary
by-the-bye
or
however,
155,
i- e-"
relates
in
"
in
way.
in
a
Such
sequent
subexert,
authority,"
another.
H.
R.
Co.,
177
Mass.,
MALPRACTICE
A
in that
does
it is said
case
exist.
not
"It
will
impolicy
be
be
too
justified by
the
adversely
In
somewhat
decisions
Gray
adversely
36
those
the question
a
upon
which
upon
Said
given.
the
to
placed
was
or
the
Justice
small
ancient
Speaking
"So
far
as
to
inspect the
to
have
of
courts
"May
'"141
books
the
of
or
party
even
notice,
v.
U.
are
Northern
S., 250
two
in
Pacific
(1891).
any
in
cases
posure
ex-
an
law
common
special
upon
reasons,
ruder
from
never,
ages,
far
so
the matter,
our
in
moved
at
pass
tres-
a
as
we
country."
this
law,
common
and
within
a
and
individuals, except
down
history of
analogous
most
our
of the
body
made,
been
cases,
the
without
such
the
by
To
bare
lay
stranger,
a
to
based
England,
into
introduced
aware,
a
assault
an
practice, coming
in
by
blow.
to
between
justice
of
obsolete
mostly
"The
of
invaded
as
known
ever
number
much
commanding
process,
was
as
of
touch
indignity,
an
administration
upon
now
is
order
no
the
it to
submit
submission
very
is
person
stripping
exposure
and
especially a woman,
to
and
the
and
authority,
the
under
decision
were
exist.35
to
Botsford
v.
already considered
or
are
the
not
held
Co.
Ry.
of
inviolability
or
;
and
have
from
anyone,
lawful
a
doubt, be decided
no
is held
different
compulsory
in
supreme
"
compel
body,
in
the
:
"The
a
Pac.
first,and
ground
be
case."
it would,
Courts
Union
arose
that
judicial legislation to
step
of the
the power
Federal
In
the
upon
ground
the
on
question arise squarely in
Montana
power.
but
not
the defendant.
to
The
decision
our
of
Massachusetts,
of
"
power,
a
the power
J. :
put
we
a
great
necessities
the
Should
court
that
C.
admitting such
of
it would
that
(expressly obiter)
Holmes,
seen
93
SUIT
a
reach
show,
personal
for, in any
period
England,
the
Common
Ry.
Co., 81
he
of
says
of
appears
the
their
that
"
order
no
action
:
English
history.
have
Bench,
Pac., 328
come
in
each
(1905).
94
HOW
of
which
asked
and
or
in
refused
enforce
it.
"In
action
an
was
for
*
*
the
inspection of
for
work
of
want
and
in
power
witnesses,
of
of
be
of
which
done
the
Law
Common
was
thereon,
court
Procedure
which
the
courts
enlarging the powers
of
either
authorizing them, on application
order
'for the inspection by the jury, or
his
building
a
labor
make
to
*
English
the
SUPPRESS
for
order
an
for
TO
real
any
may
personal
or
material
be
party,
1854,
before,
and
make
an
to
himself,
property,
the
to
had
by
of
Act
the
by
or
tion
inspec-
determination
proper
mention
to
tion
inspecquestion in dispute,' the omission
spection
inof the person
such
is significant evidence
that
no
without
allowed
land.
by the law of Engwas
consent,
Sees.
6th
ed.,
Taylor on
Evidence,
502-504.
"Even
could not
orders
for the inspection of documents
ized
made
until
of common
expressly authorby a court
law,
the
by
pleaded
moving
counted
the document
when
or
was
statute, except
the
in
held
for
trust
might be considered
or
as
on,
Sees.
I
Evidence,
1588-1595;
Taylor
on
party.
Greenleaf
Sec.
Evidence,
on
and
JusticesBrewer
have
which
case,
However,
somewhat
a
decided
ever
in
Botsford
v.
In
exist, the
are
bound
the United
So
does
hold
the
53
18
been
Ry. Co.
Pacific
held that the power
given being that territorial
decisions
for
exist.
U.
City of
the
of
courts
When
we
exist, we
but not
numerous,
87
be the only other
///. Central
court,
authority.
an
majority in Union
it has
that it does
more
to
as
V.
Ry.
the
does
courts
Court
Supreme
of
States.38
much
not
its value
this
is followed.
reason
by
cedents,
pre-
dissentingopinion in
appears
of the
Oklahoma
not
which
federal
a
the view
Griffin?"1
Co.
lessens
case
though citingno
Brown,
well-reasoned
a
in
559."
S.
Appeals,
Kingfisher
holding that
turn
to
the
v.
courts
find the authorities
encouragingly
22
the
power
which
possibly
so.
(1897).
Altizer, 74
Pac., 107
(1903).
It is
is
upheld
in
"
Arkansas,
Iowa
Minnesota,
Ohio, the
five
and
been
has
sin,
Wiscon-
sustained, five propositions
its exercise.39
governing
the
too,
souri,
Mis-
Georgia, Kentucky,
Washington.
power
Alabama,
In
that the power
Michigan, Indiana,
laid down
being
South
and
Ohio, Alabama,
Kansas,
In
the West
chieflyin
95
SUIT
MALPRACTICE
A
has
power
laid
propositions being again
sustained,
been
down
its
governing
exercise.40
Michigan, also,
In
In
that
In
Indiana, it
not
exist.
the
point
the
in
us,
quoted
in
in
is
question,
is
brief
so
is
the
court
this
42
cases,
the
bears
The
to
as
opinion
the
directly on
the point that
to
did
power
opinion,
entirely obiter.
and
matter
it is here
"
make
to
power
this
in
statute
no
the
that
Coffey, C. J. :
extenso.
"There
circuit
It
the first two
In
held
long
was
arisen.
sustained.41
was
first case,43 that
before
in
the power
case
point has
in
case
one
conferring
state
such
order
an
as
the
upon
asked
was
heres
inthat
exists, it is a power
case.
power
in the
of any
provision.
court,
independent
statutory
is applicable alike to
male
and
is conand
female,
fined
all,
If
to
To
does
court
to
whether
the
a
104
40
not
of
the
and
"
in
case,
exists
power
this
particular part
no
rests
power
meet
the
power,
"Miami
St.,
the
of
courts
such
examination
an
that
say
such
State
we
Montgomery
at
have
are
the
sound
for
the
all.
never
of
the
Turnpike
of
the
person.
discretion
real
So
question
far
Co.
v.
to
that
Baily,
the
is
as
know,
we
as
attempted
opinion
of
exercise
no
37
such
Ohio
(1881).
Ry. Co. v. Hill, 90 Ala., 71 (1889).
"Graves
v.
City of Battle Creek, 95 Mich., 266 (1893).
road
"Hess
Lowrey,
122
Ind., 225, 23 N. E., 126; Railv.
128
Co. v. Drunker,
Ind., 542, 26 N. E., 178.
"The
Co.
Ind., 401
Newmeyer,
v.
Pennsylvania
129
Ala.
(1891).
Grt.
Southern
96
HOW
is inherent
power
is against
of
the
will,
statute
the
and
should
his
him,
no
he
refuse
will,
against
the most
In
Co.
Newmeyer
v.
the
Said
"Upon
we
this
upon
authority,
L.
Ry.
person
ment.
com-
compelling
tion
examina-
the
is yet
be
to
a
Ry.
in
decision
refuted
case,
by
ran
akin
to
the
v.
Bots-
a
the
so
South
Bend
A
ante,
95
Cited
ante,
141
E., 678
Mich.,
of
kidneys
his
Turner,
U.
S.,
(1897).
266, 54
250
weight
60
N.
(1891).
W.,
arose
sion,
discus-
train, leaping
N.
(1901).
Cited
meyer
New-
assuredly
must
case
office and
v.
the
ble
particularly lia-
telegraph
one
the
great
under
one
in this connection.
into
of
question
a
it,and
it, that
for
44
N.
court
Cleveland, C. C. "
precisely the
dislocating
Ind., 418
Pacific
Huddlestone"
v.
nearly
track,
the
is
point,
it is not
so
of
the
Creek,*5
fuller, consideration
that
operator,
"46
in Union
The
interest
City
sylvania
Penn-
the
Battle
City of
Indiana
mistaken
much
and
court,
disapproved."
Co.
which, though
**
from
to
it is therefore
and
another
In
48
matter
the
v.
perhaps
satisfied
are
case,
an
proper
Hadley, J. :"
further, and
question,
from
tion,
examina-
for
matter
distinctly overruled,
before
dissenting opinion
ford.M
have
on
submit,
examination,
an
case,44 however,
is
Graves
expressly following
St.
ers,
strangused
reasonable
a
his
Indiana
recent
question being squarely
of
be
strangers."
of
and
to
be
submit
of
to
such
to
different
a
to
son
rea-
litigant willingly
submit
quite
is
his
evidence
a
possibly
might
this
examination
the
to
furnishing
to
better
a
legal objection
be
conduct
But
such
Should
cause.
a
could
there
to
persons
purpose
of
trial
the
sence
right, and, in the abthink
do
the
subject, we
not
compel
litigants,against their
of
upon
of
think
We
courts.
attempt
their
submit
for
the
existence
should
to
the
in
the
some
courts
SUPPRESS
TO
757.
injured
and
E., 271,
pro156
98
HOW
for
to
exercise
In
the
power
first,Hatfield
somewhat
peculiar.
defendant's
order
that
declined
Duluth
court
was
direct
the
The
to
in the
they might
be
alleged
better
Co.,50
was
the
requested by
walk
plaintiffto
of
able
the jury, in
defendant
the
determine
to
The
limping.
and
the
The
cases.
Ry.
presence
lameness
this, and
do
to
three
occur
"
court-room
of her
extent
permission
withheld.
Paul
attorney
the
special case,
reports
St.
v.
the
was
Minnesota
the
across
in
appearing
reasons
SUPPRESS
TO
court
Said
excepted.
Mitchell, J. :"
"In
in
power
to
the
The
with
actions
allowing
tests
equity
of
33
80
nature
and
the
on
act
or
held
to
to
Minn.,
N.
W.,
their
enable
the
in
the
court
the
"common
for
wounds
surgeon
character."
Such
the
the
extent
of
ground
of
a
proper,
permit
performed
Wanek
jury
to
in
law
"
of
personal property, and
adverts
the
been
suggestion
61
to
and
proper
physical
60
act
branches
before
made
nature
having
In
other
the
circumstances,
physical
the
decision
and
He
extent,
their
and
in
be
cases.
exhibit
their
be held
his
estate
to
show
will
has
court
proper
a
allowing "plaintiffsin actions
to
show
real
under
perform
to
the
inspection of
says,
and
case,
plaintiff
judge placed
analogy
injuries the
personal
jury that
injuries."
of
the
and
for
proper
a
require
presence
of
action
an
it should
inspection by
tice"
prac-
juries
personal inin order
the
v.
City of Winona,^
to
strate
demon-
to
practice,he
certainly also
the
jury
by the plaintiffat the
of
patent
of
a
instance
defendant.
(1885).
851, 78 Minn., 98
the
130
(1899).
facts
are
so
A
MALPRACTICE
typical,the position taken
is
from
well
so
decided, and
so
the
the
is here
case
ion
opin-
quoted
largely. Mitchell, J. :
"
"The
trial
grounds,
no
is
that
reasoned
99
SUIT
in
power
any
power,
his
and,
person;
second,
the exercise
circumstances
of
the
submit
to
party
a
the
upon
First, that
:
in
would,
refused, -under
application
the
memorandum
order
to
case
of
he
his
by
examination
the
denied
court
shown
as
of
the
to
had
cal
physi-
a
if he
even
his
he
had
discretion, have
to
case,
fendant's
de-
grant
application.
"i.
We
the
has
are
power,
submit
to
shall
to
not
which
clearly
a
of
into
been
the
of
power
discretion, in
civil
the
order
the
his
person.
of
of
and
court
plaintiff
We
question
a
discussed
principle
action
by
reason
courts
we
are
physical injuries, where
issue
his
to
physical condition,
as
of justice for redress, it is within
an
trial
to
often
so
both
court
the
kind,
that
discussion
and
Upon
a
opinion
the
examination
much
opinion that in
the
plaintiff tenders
and
appeals to the
of
this
extended
any
so
text-writers.
and
of
case
physical
a
go
has
very
in
for
in
court,
exercise
the
of
sound
a
application reasonably made,
the rights of
to
safeguards
designed
preserve
proper
both
such
an
inspection, and to require the
parties, to order
submit
it
under
the
to
to
plaintiff
penalty of having his
proper
cases,
upon
under
dismissed
action
that
but
there
in
all due
that
they
somewhat
deference
base
to
line
sacredness
of
them,
a
We
so.
to
upon
of
argument
man's
person,
aware
contrary,
avoid
ing
think-
fallacious
a
and
ity
inviolabil-
the
to
as
are
the
cannot
we
conclusions
their
sentimental
and
do
to
authorities
eminent
some
are
with
refuses
he
case
his
and
right
to
its possession
and
of
others.
all restraint
ference
intercontrol, free from
or
all
is
This, rightly understood,
true,
and
control
of his person
but his right to the possession
is
sacred
than
When
of
the
justice.
cause
no
a
more
person
issue as
appeals to the State for justice, tendering an
vance
his own
in adto
physical condition, he impliedly consents
make
the doing justice to the other
to
to
party, and
any
disclosure
justice
submit
in
to
cases
of
actual
of
the
nature
one
to
be
claims
action
cases
he
that
but
dismissed.
often
would
in
made
examination,
an
his
injury
justice
mercy
the
such
have
it, or
personal
these
the
to
to
necessary
No
done.
submit
denial
at
be
may
to
is
which
Any
result
leave
plaintiff'switnesses.
In
and
defendant,
extent
of
the
that
be
can
he
and
the
order
pelled
com-
either
must
other
in
him
tire
en-
wholly
very
injuries
an
rule
can
many
only
100
HOW
be
ascertained
the
injured
by
SUPPRESS
examination
physical
a
actions
Such
party.
of late
but
TO
of
the
of
person
formerly
were
quent,
infre-
very
of
the
one
largest
they constitute
branches
of legal industry, and
not
infrequently attemptare
ed
be
sustained
the part of the
to
by malingering
on
tiff,
plainfalse testimony, or
the
unreliable
of
speculations
very
'medical
To
allow
the plaintiff in such
so-called
experts.'
fit
his
the jury, to
if
he
to
to
injuries
sees
display
cases,
call in as
have
friendly physicians as he pleases, and
many
examine
then
them
his person,
and
them
produce
as
expert
the
witnesses
time
to
deny to the
trial,but at the same
on
defendant
the right in any
have
to
case
physical exayninaa
tion of plaintiff's
and
leave him
wholly at the mercy
person,
such
witnesses
tutes
of
fit to
the
call, constiplaintiff sees
as
of
denial
a
tolerated
for
In
justice, too
Wittenberg
to
had
It
with
the
the
under
the Minnesota
to
for
had
rays
in
general
for
further
X-rays, after
of
burned
denied, but
was
order
order
an
further
the
the
power
nied.
de-
not
was
examination
two
are
the
though
power,
O'Brien
its exercise
peculiar circumstances,
last cited, was
case
In
cases.
was
much
nevertheless
v.
in
as
assumed
exist.
White
In
question
"The
recovered
M8i
75
"61
show
from
and
the
naked
power
was
of
nesses
wit-
"
of
the
that
the
plaintiff and
at
the
effects
time
of
her
some
of
the
trial
injuries;
(1899).
W., 14, 78 Minn., 342
(1898).
W., 81, 99 Wis., 421
536
(1884).
Wis,
N.
N.
the
Lyon, J. :
testimony
to
City Ry. Co.,6i
itself arose,
power
Said
tends
88
Milwaukee
v.
of the
sustained.
not
the
there
City of Lacrosse,53
refused
be
to
peculiar circumstances.
Wisconsin
In
them,
only
was
judgment,
our
means
the
used
physical examination
order
under
plaintiffby
who
neck
plaintiff's
Onsgard,52
v.
of the
physician
in
gross,
moment."
one
examination
the
years
her
she
had
that
her
MALPRACTICE
A
limb
effect
such
of
testified
ask
of
who
this
are
by
not
in
a
her
or
Plaintiff's
sole
to
who,
as
city since
be
in
it.
order
to
an
or
In
Nebraska
the
17
Neb.
In
732
be
can
who
are
and
all these
to
that
the
the
The
this
plaintiff
and
thority
au-
is
a
question
been
that
the
to
grant
in
which
arisen
never
obiter
three
held,
was
power
to
power
case
proper
has
or
tion
discre-
nied
expressly de-
of power
has
court
discussed
discussions
order,
to
But
court
the
.
.
plaintiff,that
court
it does.
case
that
the
on
principle
for
of
here.
proper
a
believes,
error.
of alleged want
because
her
stand.'
witness
request
compel the
On
was
Perhaps
of
and
this
to
counsel
learned
his
against
absence
the
on
will.
this
the
exist.
Kentucky
ground
MRy.
her
It has, however,
asserted,
In
she
friends
the
denied
discretion
examination,
it."
times.85
wish
informed
authority
no
that
the
in
that
exercise
squarely.
in
is
court
exercised
application
hold
We
had
sound
been
not
:
says
the
against
by
the
an
the
Hare,
application.' Defendant
'The
plaintiff herself
the
attorney
had
been
examination.
has
Drs,
tached
at-
room
and
.
is said
rests
refuse,
he
satisfied
are
we
it
he
examination
"It
refuse
that
seen
that
ground
an
Senn
examination
any
examination
the
will
to
counsel
her
physician,
"It
'We
present,
now
private
female
own
kind,
the
have
to
left
her
therefore
I
will.
excepts.
has
this
of
case
declines
is
a
she
if
that
following
other
any
think
not
privately, to
and
of
any
in
the
chooses.'
she
Court:
physician whom
I do
but
in
the
see
anything improper
request,
mit,
subI have
the authority to
to
compel a suitor
or
do
for
Counsel:
plaintiff,who
examination
for
present,
accompanied
the
courtroom,
now
present,
'I
limb
her
to
direct
to
Defendant's
had:
thereupon
court
submit
to
physicians
the
trial, counsel
During
the
and
the
following request,
were
the
or
Hare.
made
proceedings
101
that
the
condition; and
She
might be, permanent.
examined
her
limb, among
normal
a
had
Dr.
was
defendant
in
injuries would,
five
that
whom
then
not
was
SUIT
the
it
power
was
Finlayson, 16
Neb., ii
(1885)
(1895).
asserted
was
implied by
Neb.,
v.
;
578
City of
the
"best
(1884);
Chadron
to
exist,
evidence"
Stuart
v.
on
v.
vens,
Ha-
Glover,
43
102
HOW
rule;56 but
the
much
weakened
lower
court
was
Kentucky
dispute
has
that
the
the
authority is
an
holding
ankle."
the
and
court,
the
In
of
question
there
that
ground
the
the
the
of
next
power
was
power
the
the Code
of
conduct
with
one
in any
not
dealing
In
in
In
next
the
the
to
and
In
that
v.
in
Loyd
"
v.
In
L.
Elect.
"Louisville
"
St.
court
of
exist.
to
Joseph Ry.
Napton, J.:
"
Pacific
and
surgeons
of
to
our
the
trial,
practice
Co.
N.
v.
R.
v.
Allen,
Co.
Ry. Co.,61 however,
and
Sidekum
69
60
93
held
was
Said
Hannibal
58
85
only
statute
a
the
in
v.
W
St.
Mo.,
Mo.,
629
(1885).
400
(1887).
Joseph Ry.
abash
Co.
Ry.,62 the
W., 89 (i*
64 S. W.,
Simpson,
44
S.
(1901).
Childress, 82
Richmond,
etc., Ry. v.
Mo.
2
Appeals Rep'r., 1019.
(1873).
53 Mo.,
509
62
every
is the
under
arose
Hannibal
Missouri
v.
disapproved.
61
it,in
case
power
power
held.
was
This
case
the
case
before
persons
law."
Shepard
Belt
tice,
jus-
it.
first
Loyd
case,
opinion
66
court
of
all other
call in two
to
proposal to the court
examined
plaintiff
during the progress
of her
extent
injuries, is unknown
the
to
the
with
terms
Co.,60 the opposite
have
"every
furtherance
and
58
thereto."
Missouri, the
"The
in
its officers
upholding
state
appeals.69
the
control
of
because
effect that
the
to
judicial
proceeding
a
appertaining
matter
sustained
was
power
...
connected
is
the
to
power
the
the
as
the
about
before
case
"on
case,07 however,
provision of
as
fact
affirmed
Georgia
In
In
this
clearly upheld.
very
a
of
the
by
squarely
was
force
was
real
no
SUPPRESS'
TO
Ga.,
719
733
(1889).
A
is assumed
power
City
Rd.
Last,
is
cases,
Haynes
was
unmistakably
and
from
which
as
the
the
What
these
"After
law
to
as
again
of
all the
the
lower
such
been
than
they
as
a
following
"
appeared
part
Missouri.
J. :
jury
to
this
on
that
prove
the
on
former
tion
cross-examina-
his
physicians, who
be
permitted
the
of
tained
sus-
power,
by the
of
such
were
in
leg to the
tending
his
under
circumstances,
Macfarlane,
offered
case,
existence
the
settled
appear
shown
had
of
question
of the
court
under
opinion.
greater
were
Missouri
the
decision
of
will
were
sumed.
as-
particularvalue
the
unquestionably
plaintiff had
had
viously
pre-
make
to
a
leg, might
tion,
and
examination
give their opinion as to its condiThis
with
that when
previously examined.
compared
it comthink
in doing so
the court
mitted
we
refused, and
examined
the
reversible
error."
Hence,
only
not
is
exercise
court
trial to have
been, defendant,
of plaintiff,asked
that
request
power
fact that
in the
arose
This
facts
evidence
injuries
further
Fullerton
fact that the circumstances
higher
from
trial, and
In
The
the
necessary
further
the
makes
the
from
power.
by
obiter.
logicallyspeaking, against the
claimed
extract
both
question
make,
to
the
the
Hannibal.
the
Trenton.66
v.
case
"
important
most
this
of
sas
Kan-
v.
St. Louis
is sustained
and
arises
v.
existence
Fordyce,65 the
in Owens
again
In Norton
power
103
SUIT
exist, and
to
Co.63
the
Ry. Co./4
v.
MALPRACTICE
compel
but
63
95
M40
"121
"123
it would
has
the
under
power,
plaintiffto
that
it also
that, in Missouri, the
seem
has
(1888).
Appeals, 642
Mo., I (1893).
Mo., 326 (1894)-
Mo.,
Mo.,
circumstances,
proper
submit
to
power,
169
(1890).
court
a
when
to
tion,
physical examinaat
a
second
trial
104
HOW
order
physical
a
the
that
it is claimed
the
and
nature
other
for
well
of
cited.
v.
Dobbins?*
of
the
several
and
the
been
having
question
been
Co.
Railway
taining
ascer-
increase.
decision
the
to
of
purpose
the
to
greater,
clearly settled by Sibley
the
reasoned,
having
states
In
the
case,
from
cases
is taken
power
granted.
In
Iowa
the
The
cases.
early
date
been
to,
any
that
the
in
1877
cited
cases,
with
do
to
in later
An
employe
As
of
has
a
the
were
had
impaired
various
The
seats
his
internal
of
He
him.
fallingupon
back
load
a
car,
67
63
great
for
more
an
order
who
46 Ark., 275
(1885).
60
Ark., 481 (1895).
375-
were
to
that
and
into
it
thrown
was
afterward
the
less
selected
;
legs
and
paralyzed.
requiring
the defendant
injuries
his
that
or
be
upon
that his hip and
pain,
were
and
by the plaintiff
""47 la,
further
system,
organs
by physicians
numbers
of
nervous
asked
defendant
alleged
law
railway alleged
the
immediately
lumber
case
ently
appar-
going
that, by the negligence of the defendant, he
from
the
on
this
of
of
rather
a
and
taken
here
Ry."
case
formation
the
strong
P.
"
first decided
in 1868.
much
in two
I. "
jurisdiction,was
detail.
some
R.
C.
v.
subject, the privilege is
the
upheld
decided
was
considering
frequently
had
been
first,Schroeder
subject, in
has
has
power
referred
already
in
decision
is
become
the
of
extent
necessary
opinion being
for
the matter
Smith,61 the
undoubtedly
injuries had
examination
In Arkansas
v.
SUPPRESS
TO
ination
exam-
an
in
equal
the defend-
106
HOW
it is remembered
When
the
TO
SUPPRESS
that
plaintiff was
witness
a
before
examination
have
that
of his person
would
the
court,
had
from
the effect to elicit testimony
him, as upon
crossa
will be readily
the power
of the court
him
examination,
over
understood.
"It
him
is
said
reply
should
court
the
his
of
The
person.
the
that
danger
to
this
to
been
have
life
health
or
"It
by
is the
than
more
who
so
of
this
personal injuries to
injured limbs, in order
or
and
should
physicians
degree, the
any
in
*
this
sanctioned
state,
_
to
court,
exhibit
for
sue
wounds
of
courts
the
and
not,
direct. Under
should
the
court,
the
decision
one
it
order
imperiling,
*
*
plaintiff. *
practice of
subjected
indignity to his
and
from
the
of
body
to
have
would
that
the
of
restrained
been
of
is
careful
explicit directions
have
examination
life, pain
to
show
to
permit plaintiffs
the
jury their
the
of
extent
their
the plaintiffmay
suffering. If, for this purpose,
he may
no
why
see
not, in
reason
injuries, we
and
be
under
circumstances,
required
a
case
proper
proper
the
of
for
like
do the same
to
thing
a
request
upon
purpose
be
the other
If he may
required to exhibit his body
party.
it to examthe jury, he ought to be required to submit
to
ination
disability
exhibit
or
his
professional men.
competent
the
instructed
jury that they
court
submit
to
to
regard plaintiff'srefusal
of
"The
to
as
this
to
an
familiar
rule
might
will
depend
might
or
not
the
can
the
question in
the
phase
for
Iowa
each
'68
side
N.
W.,
refusal
exercised, instead
and
positive evidence.
such
upon
was
Hall
of
from
plaintiff
of
having
law
The
inferences
competent
the
v.
it
where
evidence
the
had
922
question
was
testified, and
(1896).
Incorporated
question squarely
squarely decided,
of
the
defendant
is not
The
ant
defendcorrect.
of the jury, which
inference
producing
case,
only
not
and
court
of
would
made,
It is argued
that
upon
issue."
another
of Manson,"10
of
means
relieve
tion
examina-
an
if
been
by direct
require it to depend
afford
In
the
upon
suit.
the
alone
position
disclosed
truth
in
account
on
have
not
examination,
the
would
law
This
examined.
is left to
the
of
prejudice
of
effect
be
that
against his interest
been
have
the
admission
ized
author-
were
but
a
Town
before
somewhat
Doctors
presented.
disagreed,
culiar
pe-
as
to
the
MALPRACTICE
A
of
measurements
mere
insisted
defendant
should
have
Each
at
been
the two
to
the
found
In
decided
in which
the question has
the
yet
;
decision
question
case.
a
in
state
the
from
come
where
the
to
In the
federal
denying
the
now,
no
be accorded
and, upon
the
of
court
the
to
United
authorityof
other,
The
one
a
of
of
the
this
the
istence
ex-
the supreme
two
case
territorial
States.
judges
ing
denycourts
ing,
Allow-
hand, the great weight properly
one
the
of the
with
peals
ap-
supreme
deny
appeals
judges dissenting.
supreme
upon
court
the power,
sary
neces-
just how
the
courts
cases
of
court
decision
of the power.
case
as
decision
a
never
recorded
undoubtedly
one
in
the
to
has
court
in that
necessary
come
authority
opposed
would
it with
to
of
Massachusetts
dissenting; the circuit
follow
it
case
squarely
was
to
fully understand
we
should
run
in
so
York, of Montana,
been
having
feel that
Texas
has
court
we
fall,and
supreme
arisen
be
not
balance
question, the only
decision
would
of
court
the
it may
weight
Texas, the
upon
to
of New
the courts
of
side
commented
Indubitably
whole.
squarely
to
either
on
attempt
to
cases
the
to
as
a
of Illinois.
and
point,
into which
as
are
power,
cited
individually
present
conclusion
country
preme
su-
measurement
cited ; yet nevertheless
the
at
groups
some
the
been
when
improper,
the
that
court
The
motion.
own
far
thus
cases
has
question,
the
made.
of the
the time
held
however,
court,
the
its
the application on
overruled
before
measured
object, but
not
The
ankle.
and
parts be
the
plaintiffdid
The
jury.
the
foot
injured
an
that
107
SUIT
a
proper
the
New
deduction
York
courts,
for the
fact
HOW
108
SUPPRESS
TO
that, in New
York,
reversed
legislation,it
by
the
denied
that
is not
really
been
made
What
this.
states
federal
courts
of
precedent
conclusion
is the
Each
of you,
one
practises in Illinois, or
in
Montana,
he
practises,if
find
himself
other
any
fortune,
clearly
would
exhibition
an
I
matter,
you,
be
71
suit
the
states
thousand
the
his
be
may
and
or,
in
the
federal
other
any
in
false
the
suit would
far
perhaps
courts,71
place,
suit for
a
accusation,
dearer
to
his
him
how
matter
the
plaintiff's
charge
things,
the
chances
each
plaintiff's
alleged
brought
in
a
defendant
involved
federal
are
is
a
will
"
bad
citizens
able
reason
one,
circuit
greater
of
one
being
on
alleged injuries is
amount
practice.
mal-
diminish
no
to
plaintiff'salleged injuries
his
the
or
where
matter
no
of the
one
Delaware,
brothers
little-collecting
plaintiffand
dollars.
the
matter
in
or
all these
that
jury
either
who
falsityof
take
to
yet
professional brethren,
the
for
say,
exhibiting
The
whenever
the
obliged
convince
not
of
has
subject
reputation, and
hard-working,
my
simply
for
his
"
demonstrate
no
to
fortune
over,
More-
Why
the
is
which
them.
whole
how
of
is
other.
doctor
success
that
and
his
than
"
the
theless,
Never-
power
choose,
may
power
?
matter
no
it.
be
to
the
the
this
on
day the defendant
some
greatly
in
of
with
are
Texas,
in
he be sued
Then,
how
which
in Massachusetts,
or
is liable, like
in
of the
my
against
favor
the
or
hardly
in
they
as
recently been
seem
law
no
follow,
may
variety
one
that
as
in which
states
would
exist
do
the
and
the
great
so
has
matter
of authorities
weight
there
denied,
whole
the
court
of
than
ferent
diftwo
A
Do
think
you
MALPRACTICE
could, and
you
have
could
so
perhaps
you
you
have
tried, and
The
so-called
the
to
people
of
occasional
an
; in
that
of the
shocked
are
in
indifferentlyand
qualify for life-insurance, or
for
the
when
the
such
things
learned
to
to
the
compel
his
the
or
by
his
he
side.
is
judge
let
attempt
The
to
a
to
He
is
in the
cause
member
bend
of
part
it for
on
plaintiff,
the
in
to
man
the
he
either
give
to
his
get
to
the
yet
he
that
bend
ever
his
doctor's
word
one
so
up
straight
arm
and
to
out
bend
cannot
balance;
jury, even
of the
justices hold
with
try
supreme
suit
else
or
the
cannot
of
positively refuse"
malingerer,
matter
that
of
a
say,
some
all of those
must
that
in
or
day, I
a
the
sits in court,
trembling
interested
to
delicacy.
There
reputation
the
is
plaintiffcomplains
elbow.
most
reason
women
army,
justices of
which
the
"
such
malpractice
a
from
yearly, take
by
court
mistreated
alleged
therefor
us
"the
sician's
phy-
a
and
told
states, and
our
to
for the
are
we
chief
plaintiffin
and
case,
The
out
of
States, that
expose
done,
are
in
"
they hear
completeness
utmost
pensions
justices and
judicialbodies
United
for
or
navy,
the
day
a
relief
of millions
order
to
when
men
examinations
justice
in-
In
secure
when
testable
de-
extreme
submit
physical
of
is the
is based.
to
the number
to
not.
this
will not
order
doctors
matter
which
day, furthermore,
a
could
outraged
who
Perhaps
Some
they
whole
on
and
person
them?
not.
profession
examination
disease
could
reasoning
medical
when
convince
found
disgrace
great
109
SUIT
who
is
from
elbow,
gently, to
him.
his part, may,
if he
like, display
110
HOW
injuries of the
he
that
he
much
that
compel
as
his
physician ;
the
but
lose)
to
plaintiffto attempt
sanctityof
"The
elbow.
from
testify,if
may
(with everything
his part
on
he
them,
them
received
however
frightfulcharacter, and,
most
receive
to
came
SUPPRESS
TO
will,
he
the
sician,
phy-
cannot
so
crook
to
that
the
law
way.
A
patient'sperson
will respect."
Let
patient
the
and
order
that
"Oh,
not
So
position."
instead
After
the
bids
to
is
he
received, and
place
in
! not
"Adhere
that
to
to
your
ment
argu-
an
his demonstration.
sells his
perhaps
he
from
does
a
in which
for every
pose
"Ex-
thing."
relegated
large debt
of benefit
a
himself
he.
says
in
absolute
he
indeed
of such
little money
the
that
no,
judge.
the
a
pays
worth
blasted
think
real, the
issue
Oh,
defendant
dollars'
has
!
body
of
profession
same
indeed,"
trial,the doctor
a
adieu
No,
no.
very
part
same
very
the
being permitted
he
borrows
of
identical
even
the
of
Then
the
my
that
is
treatment
stake, that
at
are
of
physician's name
actual, the
affirms
"Correct,"
owe;
the
no,
of
part
I could
part.
member
falsityof
raised.
exhibit
the
the
fortune,
not
physician, a part
yet, when
his entire
determine
or
his
to
treatment;
another
to
to
truth
and
exhibits
patient will
body
in still another
matter
suit is brought, and
a
possibly
same
has
for
and
the
at
and
comes
body
over,
his
look
us
he
his
faithful
disparage
the
friend,
given
has
five
in money
is
name
really
not
fiftycents
which
erty.
prop-
possibly
forever.
I have
from
no
wish
to
the dignity of
a
law,
truly learned
nor
and
to
often
gate
derovery
A
much
undervalued
main,
a
exist
there
of
one
is
a
in
remedy
case
where
already
New
stated,
state
that
either
refuse
law
active
committee
the
peculiarities
the
has,
no
laws"
I
as
of
their
is
the
no
legislation, and
time.
its
or
of
various
other
to
the
that
is
really
the
easy.
by
"session
next
effective
ue
stat-
found
either
contain
with
that
been
that
same
equivalent.
who
legislatures,
deal
particular
for
the
legal profession
to
way
that
see
actually
state
way
and
and
considering
their
"
shall
state
own
brethren
our
and
able
an
best"
of
tried
injury
thoroughly
literally
statute
said, been
"
think
states
yet made
as
matter
constitution
the
have
they
tried
the
not
subject, appoint
if
York
statute
of
There
of
of
personal
a
I
effective.
found
have
the
As
been
actually
in
with
Here
remedy.
a
been
else
or
deal
copy,
wanting
identical
Let
to
"
New
means
is undoubtedly
Legislation.
has
defendant
the
to
promptly
"
the
against
injuries
really
there
question,
upon
and
state
dercompensated
un-
theless,
Never-
law
society, then,
the
to
all
at
it has
medical
in
power
is
legislation
and
every
any
personal
legislation
York,
the
this
; and
and
doctors.
are
Perfectly simple.
?
Let
suit
of
as
the
such.
The
have
laws
exhibition
compulsory
just
bad
in
are,
self-respecting,
hard-working,
beings,
111
Lawyers
profession.
of
set
SUIT
MALPRACTICE
are
stand
by
than
matter
A
bers
mem-
few
us.
by
hours
.VIII.
CIRCUMSTANCES
UNDER
EXHIBITION
In
in
a
rather
to
me,
to
be
the
class
of
class, of
personal
circumstances)
the
to
jury
would
independently
that, in
law
should
no
a
an
law
number
the
the
precedents
deciding
rather
uphold
number
that
the
than
the
the
states
rule
115
a
I
or
might
refusing
laid
down
pointed
ap-
showed
the
states
that
mon
com-
the
fendant
dether,
furthere
states
all, and
hibition
ex-
committee
parties
of
question
body
power.
at
(under
plaintiff,and,
larger
point
which
(where
to
settled
was
the
this
which
of
compel
involving
case
states,
which
even
upon
such
established
thus
not
in
that,
exists
large
ant
defend-
either
And
court.
(judicial decisions)
could
the
which
part
else
indecent)
the
by
alarmingly
an
or
jointly by
selected
physicians
jury,
be
the
the
in
the
suits)
injured,
the
to
sician
phy-
(to
actions
exhibit
of
account)
whether,
injury
has
ought
that
impecunious
malpractice
physician
it seemed
as
bank
to
as
discussed
I
matter
a
altogether
belong
the
yet,
(and
require the plaintiffto
alleges
proper
of
called
course,
could
he
heart
namely,
question,
actions
but
detail,
not
ORDERED.
"Journal"
way,
the
to
and
thinking
"
the
unnecessary
close
quite
every
of
comprehensive
without
BE
WILL
number
recent
a
SORY
COMPUL-
WHICH
that, hence,
arise
in
possibly
the
by
power
the
of
one
follow
had
courts
116
HOW
There
which
however,
are,
the
really uphold
power
that
admit
he
it has
seemed
might
alleges that
to
it is under
to
compel
just
what
of
the
that
taken
in
the
to
be
existence
yet the
the
taken
of
the
circumstances
exercised
have
of the
Perhaps
the
may
required;
or
power
understand
to
one
whether,
has
best
which,
the
been
not
to
ing
aris-
cases
hand,
account
the
though
passed
power
upon,
be
may
adjudicated,
the
istence
ex-
assumed.
important question
is
in that
law, which
power,
been
be
account
though,
other
in
been
taken
be
of the
which
with
tion
investiga-
seemed
been
having
personal inspection
be
has
never
general subject is, whether
order
the
two
under
most
states,
the
judge-made
the
or
itself in connection
the
those
need
; for
of
nevertheless
power
states
definitelydecided
Nor
the
has
power
such
need
been
York
On
court
a
also
consideration
statute.
of
in
even
account
by legislation,
yet it
under
And
briefly.
exist.
New
a
part
injured.
that, in the
existence
in this article
attempt
the
is,
are.
it has
of
cases
only that
matter
not
of personal
has
that,
already mentioned,
as
overruled
must
which
in
physicians of
subject, no
courts
opposed
was
the
observed
does
power
of the
state,
be
to
latter
courts
the
defendant
the
that
exhibit
plaintiffto
is upheld, and
with
deal
this
power,
do
courts,
"
circumstances
First, it is
of
the
saw,
circtimstances
exhibit
such
I shall
question
the
that
me
certain
an
in
understand
to
care
we
the
which
states
as
they hold
injury, to compel
which
SUPPRESS
TO
the
the
upon
the
of
authority
to
exercise
the
gests
sug-
division
present
not
or
which
of
contrary,
which
it is
the
one
A
MALPRACTICE
exercise
of which
discretion.
It
authority
is
the sound
discretion
that
it is
the
one
depends
be
to
seems
the
upon
judge's
that
definitelysettled
of
exercise
which
of the trial court
official power
an
11?
SUIT
in the
depends
; in other
upon
words,
rather
judge,
the
than
a
personal right in the defendant.
In
the
Georgia
sound
In
discretion
Alabama
order
defendant
power
for
proper
a
injuries.
the
But
discretion
of
but
of
and
the
In another
.
a
In Hill
"To
v.
"Savannah,
622,
99
Ga., 255
uAla.
so
are
:
Grt.
of
the
F.
"
the
rests
in
the
to
presence
of
extent
the
largely in the
"
of
power
the
in the
.
has
by
trial court,
." "
TT
been
injury
medical
quently.
fre-
decided
it is said
personal
a
examination
discretion
sound
nature
Sedalia
City of
act
and
doing
has
court
7I
matter
plaintiffin
order
personal
a
physical
a
the
.
the
court."1'
circumstances,
proper
discretion.
sound
Missouri
In
to
the
.
of
injuries the
the words
it is within
".
exercise
motion
the
the
"
of
trial court."
case
have
to
:
under
propriety
right
discretion
personal
case,
absolute
no
executed,
plaintiffto perform
jury that will show
the
judge.73
and
require the
of
lies in
matter
sound
it is said
action
an
in
the
to
In Minnesota
had
end
that
to
is addressed
"In
trial
the
the
"
made
therefor
of
that
:
the
"...
an
it is declared
experts
:
"
submit
the
is within
to
case
trial court."
Ry.
W.
Co.
Wainright,
v.
25
S.
R,
(1896).
R.
Southern
R.
Co.
v.
Hill,
90
Ala.,
71
(1889).
75
Hatfield
v.
St.
Paul
"
Duluth
R.
R.
Co., 33
Minn.,
130
(1885).
"Wanek
98
v.
City of
Winona,
80
N.
(1899).
17
2
Mo.
Appeals
Rep'r
1019
(1884).
W.,
851, 78 Minn.,
118
HOW
In another
"There
court
to
Missouri
are
read
respectable authorities
which
such
but
has
The
an
It
is
case,
Sidekum
same
thing
is
rule
given
Wabash
v.
in
was
with
held
substance
bound
of the
full extent
circumstances
Paul
the
general
"
wide
with
unless
84
of
"Shepard
"93 Mo.,
Its
order
v.
absolute
a
of
to
Missouri
which
will
Of
the
may
be
other:"80
an-
Railroad, 85
right to have
in
matter
grant
still
in
which
the
be
not
the
course
motion,
moulded
terfered
in-
court
to
the
to
suit
rule
case
is
again
Fullerton
Ry. Co.82
83
speaks
laid
v.
of
in the
down
Fordyce,^
the
latitude
and
of
"
discretion
Another
discretion
a
court
case."
St. L.
Michigan
discretion:
"A
such
the
definiteness
Shepard
in
or
of
cases
Omaha
v.
One
the
prayer.
of the
Missouri
latest
former,
have
else, in
manifestly abused.
refuse,
to
the
And
the
others
Practically the
certain
a
exercise
discretion, the
a
not
which
nowhere
appears
with, unless
was
to
in
Co.79
has
no
Mo., 629, that the defendant
that
it
is
a
personal examination;
has
the
in still another
Ry,
is stated, but
regard that
court
that
are
with
interfered
be
not
hold
right
matter
a
will
which
same
"It
absolute
"
There
hold
to
:
abused."
manifestly
one
has
party
discretion
a
examination.
inclined
are
examination.
personal
case
personal
We
the
contrary.
that a
not
78
we
order
may
SUPPRESS
TO
is vested
simply
the
in the
declares
the
trial court."
matter
to
be
in the
trial court.
Pac. Ry. Co., 85 Mo., 629 (1885).
(1887).
400
Bluffs
R. R.
Owens
Kansas
City, St. Jo. " Council
v.
Co., 95 Mo., 169 (1888).
81
121
Mo., i (1894).
82
82 Mo.
App., 500 (1900).
88
Graves
(1893).
City of Battle. Creek, 95 Mich., 266
v.
84
of
Sand
Mich.,
496
Beach,
107
Strudgeon v. Village
80
(1895).
v.
Mo.
MALPRACTICE
A
In
Kentucky
".
that
.
have
it is laid down
defendant
the
made
an
is addressed
In
the
to
has
no
but
that
"In
refusing
when
the
court
must
86
it is said
order
to
evidence
of
review
in
that
a
to
therefor
motion
the
court."
:
"
discretion
its
and
;
is
action
abuse."
of
case
Arkansas
Another
of
right
absolute
it may
examination,
as
dp
is already available, the circuit
sound
a
85
"
the
experts
exercise
to
discretion
sound
Arkansas
end,
that
to
119
obiter:
.
order
subject
SUIT
87
case
also
down
lays
the general
rule.
In
too, the
Wisconsin,
And
it will
unanimous
in
be
the
that
seen
that
deciding
personal injuries,is
discretion
sound
defendant
by
the
judge
exercise
will
or
of
The
no.
It
;
such
opinions
be
differ
merely
upon
discussion
thus
a
88
551
head
resolve
O'Brien
themselves
Line
Electric
(1898).
""Sibley
"Railway
88
421
Belt
as
that
demand
the
judge
the
degree
the
rule
to
which
Co.
v.
thought, that,
rests
of the trial court, all other
present
to
authority whether
with
specifically,
apparent,
under
power
right
any
the
that
; and
judge
rests
is
further.
no
will
has
suit for
a
which
of
exercise
order
to
in
plaintiff
a
wholly
are
authority
of the trial
means
definiteness,or
expressed
the
no
the
one
courts
the
physical personal inspection of
in the
is established.88
Kansas.89
in
Thus
rule
general
Allen,
in the sound
questions
simply
44
S.
into
W.,
since
cretion
dis-
under
the
inquiries
89,
102
(1885).
46 Ark., 275
60 Ark., 481 (1895).
Dobbins,
N.
W., 81, 99
City of LaCrosse,
75
Ky.,
Smith,
v.
Co.
v.
v.
Wis.,
(1898).
89
City of
Ottawa
v.
Gilliland, 65 Pac.
Rep., 252
(1901).
120
which
court
a
discreet
limitations
the
concerning
in which
the exercise
declared
to
been
these
points
sound,
when
and
?
that
held
The
"The
"
reviewable
will
Under
of
abused
v.
what
the
abuse
of
Stroh.93
the
the
but
the
same
is to
principlehas,
O'Rear,
90
:
"
is
such
within
the
discretion
is
effect.
Pacific
the
has
court
Co.
Ry.
92
:
"
which
discretion
a
manifestly abused."
unless
be
court
then, will the
regarded
tion
discre-
having
as
Here
of
the
order
South
the
relating
interesting cases
to
power
case
before
St.
Covington
order
the
examination,
the
court
examination
granted,
was
to
make
had
Railway
and
the
been
67s. W.,
(1901).
733
Smith,
46 Ark., 275
v.
81
85 Mo., 629 (1885).
"66
S. W., 177
(1902).
91
"
it. The
judge,
Missouri
most
appointed by
90
trial
invariably
implications
examination
circumstances,
trial
of
Kentucky
But
of
re-
been
?
One
were
almost
Simpson
v.
an
with
interfered
be
not
on
trial judge
expressly. Said
Co.
in which
matter
a
to
Decisions
the
strongest
such
case91
She par d
is
"It
R.
the
Arkansas
But
review
appeal."
on
An
of
laid down
of
of
of
unsound?
reviewing
N.
ordering
discretion
sound
the
by
also been
J., in Louisville
unanimously
court
a
of appeal have
themselves
moreover,
is thus
discretion
courts
it is, and
namely, by
How
wanting.
But, first,is the
viewable
with
will the "discretion"
adjudged by
not
are
When
be ?
freedom
"discretion."
its
of the power
rest, be
have
the
upon
exercise
may
the court
must
SUPPRESS
TO
HOW
Sibley
(1885).
to
the
is the
Co.
v.
physicians
examination.
made,
the
de-
HOW
"When
such
the
control
or
be
that
injuries, nor
If
been
Nebraska
the
upon
sufficient
a
it
that
application
required, the
without
and
time
have
might
in
made
tion
applica-
before
the
ately
deliber-
been
interfering with
the
City " Pacific Rd. Co. v.
raska
Nebgeneral effect. Another
Sioux
is to
the
Chadron
Glover,91 is very
v.
clear
point :
"
"The
If the
overruling the
court
time
it
In
doctrine.
".
the
Wittenberg
the
(i) That
reasons:
That
did
it
is committed
98
Onsgard
v.
request
.
because
so
request
not
was
the
to
it is said
same
:
"
refused
properly
was
for
seasonably
that
sufficiently appear
not
doing
made."
was
court
defendant's
.
justified in
was
motion
Minnesota
The
not
was
motion
when
made
application was
during
other
in
grounds
justifiedon
that the
shows
record
trial.
the
was
made
case,
City of
case,
under
trial."
the
Finlayson,"
the
was
examination
an
have
of
A
(2)
of
timely application
a
conducted
selected
in order
commenced,
and
carefully made,
progress
two
direction
the
should
of
;
an
time.
proper
is necessary
be
it should
and
the court, by competent
cians
physiThere
the
ing
showcourt.
was
no
by
essential to a full standing
examination
underwas
and
of
the
made
surgeons
made
trial
examination
an
should
SUPPRESS
TO
made;
by
person
the
photographs taken had
skill or
experience properly and safely to apply
necessary
without
injury to the plaintiff."
rays
the
whom
To
Myrberg
In
the
defendant
the
same
desired
effect is the
Baltimore
v.
Turnpike
same
the
Co.
"
v.
S.
White, J.,in that
not
application for such
unnecessarily to prolong
'16
Neb.,
578
"
Mining
Baily,"0 an
rule is laid down
"The
Washington
Ohio
; but
case,
order
the
says
ought
trial, or
(1884).
(1895).
732
S8i N. W., 14, 78 Minn., 342
'65 P., 539 (1901).
Ohio
St., 104 (1881).
37
'43 Neb.,
00
(1899).
Co.09
cally
practi-
case,
with
the
of
case
Reduction
the
certain
ifications
mod-
:
"
to
to
be
so
made
prejudice
as
the
'A MALPRACTICE
plaintiffin proving
made
is
not
in
chief, and
until
defendant's
in
This
the
case.
the
and
to
appears
that
the
can
in
the
The
be
the
only
be
may
that
on
delay
it is
disregarded when
sufficient
for his delay
excuse
application.
of Georgia and
Kentucky
courts
the
ground."
which
in
case
of
the
for
refused
may
a
introduction
is shown
be
rule
show
the
the
reason
no
general
defendant
making
of
of
application,it
the application
plaintiff'sevidence
where
Hence,
close
commencement
evidence,
the
making
hinted
the
his
after
123
SUIT
firm
are
in
general doctrine.101
the
the
Upon
the supreme
son"2
the
cited
already
defendant's
And
jury.
this
ruling the
The
Again, by
examination
would
of
endanger
interesting
O'Brien
be
may
the
case
on
Town
v.
a
authority
ankle.
and
be
to
fore
be-
erroneous.
it is held
life or
plaintiff's
this point arose
to
as
application.
the
such
where
tors
doc-
measurement
held
court
had
The
disagreed
case,
for
only
Man-
of
head.
overruled
supreme
find
we
injured foot
an
court
uniform
that
asked
attorney
the
matter
another
under
parties,in
two
the
Iowa, in Hall
measurements
mere
The
of
court
for the
side of
other
a
that
proceeding
A
health.
in
no
very
Wisconsin,
The
facts
City of La Crossed3
by the following extract
appear
v.
will
ficiently
suf-
from
the
opinion :
"...
the
101
Ga.,
45
N.
full
A
complete
physicians before
defendant's
Southern
529
S.
W.,
R.
Co. v.
1M68
N.
103
75
Bell, etc., Co.
(1894)
99,
N.
and
20
;
Belle
Ky.
of
Law
v.
Nelson
examination
the
421
the
S. E.
Lynch, 20
Distilling Co. v.
Rep'r, 499
S. W., 391
McClain, 66
W., 922 (1896).
W., 81, 99 Wis.,
opening
had
was
of
(1898)
(1902).
(1898).
by
court
500,
95
Riggs,
; Louisville
"
124
HOW
the
the
morning, except that the plaintiff,under
to
permit the introduction
physicians, refused
next
her
of
catheter
into
her
After
life.
been
condition
the
determine
made
to
the
to
as
court
the
examination,
extent
of
then
court
with
of
cause
bladder
the
that
frequent."
very
was
Crt.
Alabama
from
it
examination
ends
light
to
of
of
Ry.
bladder;
that
there
gerous
absolutely dan-
was
at
one
time, and
certain
producing
Co.
or
Wittenberg
court,
of
fully elucidated
or
health, and
to
come
v.
cystitis,
"
Hill,10*appears
an
is involved.
examination,
N.
and
whenever
had
it
under
the
fairly
pears
ap-
without
71
W.,
disclosure, or
can
only be
an
by such
examination,
made
without
danger to
the
infliction
serious
of
Onsgard,105 previously cited, is
v.
demand
be
may
from
especially interesting case
'90 Ala.,
ordered
be
the
examination
the
life
plaintiff's
pain."
'81
so;
that
justice require the
ascertainment, of facts which
the
certain
X-rays
effect
Southern
should
control
and
that
to
the
do
to
fact
"
directions
right
and
error,
following:
"The
that
the
a
coming in contact
; that
would
produce decomposition,
had
brought
to
power
the
to
urine
where
decomposition
the
more
been
determine
not
was
safe
was
inflammation
the
in
urine
In
such
this
all the
it
bladder
the
excite
and
the
the
fact
had
to
physicians testified
bladder,
healthy
a
together
in
court
therefrom
all the urine
to withdraw
doing the walls of the bladder
were
so
and
had
power
no
that
withdraw
to
was
conditions
and
the
"
object
were
which
had
holds
defendant's
that, in
A
:
"The
their
compelling
instruments, to
statement
having
examination."
such
continues
it
a
by
bladder.
that, while
stated
the
order
of
order
an
examination
her
advice
it would
danger
enand
examined
sworn
for
examination
made,
The
had
asked
an
of
that
reason
defense
the
witnesses, the
plaintiffto submit
the
a
the
for
bladder,
her
defendant
four
by
SUPPRESS
TO
examination
The
and
(1889).
14, 78 Minn.,
fact that
by
below
court
this
the
refusal
342
the
was
(1899).
in it the
of
use
refused
held
an
to
the
order
by
the
MALPRACTICE
A
above
court
be
to
not
125
SUIT
abuse
an
of
discretion.
Said
Mitchell, J. :"
"The
discovery of the X-rays is comparatively recent.
the
reliabilityof its results are
already so
Its utility, and
well established
judicial notice
of
the
taken
under
the
the
his
science
hold
to
so
to
required to submit
liable to injure him."
his
be
Another
Lumber
"We
X-ray
Said
perceive
no
hours
He
court,
think
there
examination
may
an
79
107
two
N.
requiring
a
submit
plication
ap-
the
by
of
defendant's
the
another
examination.
medical
nesses
wit-
no
the recent
ruling of this
of discretion
abuse
in refusing
to
a
examination
second
be refused
is
case
order
it would
the
v.
have
to
(1897).
to
such
the
physical
a
Village of
been
sary,
neces-
place
anesthetics.
anesthetization;
Wis., 324
(1895).
for
had,
of
by
regard
Strudgeon
influence
103
with
been
examination
Mich., 496
is
Ross
v.
defendant's
to
an
243,
Boelter
submit
which
In this
W.,
which
process
Within
was
the
under
plaintiff
plaintiffobjected to
107
for
rays
X-ray
process.
such
one
examination, lasting
which
he
by accident,
was,
to
to
under
Beach."
109
proper
"
extremely interestingcase
circumstances
had
a
those
to
refusing the
in
him.
to
compel him
X-ray process."
Sand
J.:
during
permitted
to
An
in
is for
any
Cassoday,
refused
examine
to
we
to
examination
more,
he
also
had
well
as
a
in
submitted
or
and
burned,
exposure
photographs
why,
reason
occurs
error
second
a
plaintiffhad
two
of
accuracy
person
case
Co.106
for
The
the
becomes
in
physical examination,
as
person
of Winona,
78 Minn., 98, 80 N. W., 851.
is as
the
ject
subon
yet sufficiently advanced
of
admit
cannot
doubt, and
a
may
person
City
v.
Whether
that
submit
his neck
to
present,
of photographing
it, as there
submit
to
the
much
as
fact
harmless
take
to
the
reasonable
at
safeguards, and
quest
rethe
should
be
in
defendant,
plaintiff
required,
a
purpose
party
Wanek
is
as
ought
courts
proper
the
like
case
is
rays
is
there
that
if the
And,
these
science
them,
of
them.
to
in
by
case,
of
person
established
scientific facts
as
the
the
The
lower
126
refused
court
the
the order
refusal.
This
As
to
the
examination
the
on
case108
the
submit
to
being
that
refusal.
added
of
fact
that
selected
mining
deter-
fallingof
done
was
the
sustained
that the court
be observed
the
request
for
was
by appellant alone
examination
an
was
by
sufficient ground
a
refusing it."
Hall
other
v.
ankle
heads, the
in
a
case,
a
the
however,
the
Creek,110 it
109
to
does
to be
was
not
Smith
68
110
95
a
der
un-
"there
foot
before
much
so
a
cited
or
is
arm
that the
be added
had
the
jury.
whether
decide
physical examination
it declares
question brought
up
that
did
the
not
ticular
par-
tute
consti-
of
delicacy.
Michigan case
was
of
v.
Graves
City of Battle
said, obiter, by Montgomery, j.:
City of Spokane,
W., 922 (1896).
Mich., 266 (1893).
N.
that
of
It should
trial
case
In
108
case."
proper
facts in the
held
court
upper
judge may refuse
ground of delicacy,as
not
a
of Manson,109 already
in the measurement
referred
measurement
This
Town
indelicate
nothing
on
of
this
court
upper
it should
plaintiffto
purpose
which
on
The
Washington
a
afflicted with
was
ground
delicacy.
the
nish
fur-
courts
"
In
or
main
for
she
refusing an
the
compel
to
tainly,
cer-
portance
great im-
delicacy,the
In
and
:
physicians
or
not
However,
"The
for
of
refused
or
the
womb,
the trial court's
examination
an
is of very
decisions.
many,
courts
whether
the
enunciates
ground
not
sustained
higher court
apparently unique;
proprietyof
few, but
a
is
case
principleit
the
the
; and
v.
"
16
Wash.,
403
(1897).
A
will be
"It
the
of
point
shock
A
observed
the
the
to
MALPRACTICE
case:
"The
the
such
obiter, but
of
of
been
rather
a
a
prehensive
com-
in
occurs
the
that
which
court,
when
the
examination,
the
not
such
the
plaintiff may
to
as
testimony
call for
be
judgment
discretion
the
refusal
of
the
of
sense
it would
quire
reare
case
delicacy of
materially
not
;
is
to
the
by the exhibition, or where
in
be
cumulative,
where,
or
trial court,
the
necessities
cise
exer-
restriction
proper
a
the
offended
merely
would
of
it, or
of
wide
justifiesthe
where
question, but
favor
under
court,
trial
this
upon
is in
authority
the
by
power
uniform
not
are
weight
the
in
vested
at
arm
have
not
delicacy."
recognizing, however,
rule
the
the
"
great
of
would
of
suggestive character,
decisions
very
of
statement
and
exhibition
the
fracture
plaintiff'ssense
further
same
that
alleged
127
SUIT
the
aid
the
jury."
Summary
1.
In
"
submit
to
law
be
Texas,
a
for
also of the former
authority,be
plaintiff
is the
to
tled
set-
ever,
cannot, howplaintiff
The
states.
"
compelled
This
physical examination.
:
paper
personal injuries,the
of
weight
in several
required to exhibit his injuriesin Illinois,in
in Delaware,
in Massachusetts, or
tana.
in Mon-
With
adversely
the courts
the
to
of
courts
suit
a
the
by
may,
of this and
the
of these
existence
United
of
the
also
the
stand
power)
and
States
(those holding
states
those
of
the
territories.
2.
"
Even
where
it is held
no
absolute
that
right
the matter
the
to
rests
existence
there
inheres
require
the
solely in
mitted,
is ad-
of the power
in the
power
the
to
defendant
be
discretion
cised;
exer-
of
the
trial court.
3.
on
"
Such
appeal.
discretion,however,
is
subjectto review
128
HOW
4.
It is declared
"
withdrawn
5.
the
By
"
the
of
abuse
his
6.
the
or
might
defendant
order
to
the
of
an
trial.
the
endanger
not
physical
a
the
refuse
to
no
order
when
plaintiff'slife
health.
8.
obvious
are
9.
it would
is refused
in the
suggested
with
the
by
matter
possibly
might
made.
the
juries
in-
any
of
be
of
a
a
point,
discretion
the
lodged
examination
when
and
in its
these
turning
to
the
on
the
facts
that
opinion
has
"delicacy/' however,
No
teetotallyover
account
of
extent
when
trial court
exists.
case
the
of
delicacy,
of
the
out
been
what
abuse
no
ground
bear
case
be
might
scanty
are
is committed
the
on
delicate
ever
that
trial court
the
opinions
the
seem
and
nature
be
would
all.
to
Though
"
anesthetic
an
examination
the
the
where
of
use
that
order
Nor
"
the
when
Nor
"
requisite in
a
abuse
the
authority, it is
of
beginning
an
examination
7.
in
the
has
court
examination.
refuse
to
the
after
such
for
weight
great
is it
that
case
examination
request
after
Nor
"
one
discretion
examination
SUPPRESS
in
the
compel
to
power
has
TO
a
in
courts
physician's
plaintiffon
the
bank-
strength
hypothesis
mere
tion
connec-
or
of
even
a
conspiracy.
10.
that
the
It has
"
court
"when
the
where,
in the
been
refuse
might properly
testimony
materially aid
suggested, further,
would
judgment
the
jury."
of
be
the
to
merely
in
grant
case,
one
the
order
cumulative,
trial court,
it would
or
not
Due
Date
1 8
AU6
AUG
PRINTED
975
5
IN
U.S.*.
CAT.
NO.
24
161
000510000
3
"
WUU
S532h
1906
Shastid,
How
Thomas
to
H
suppress
a
malpractice
suit.
Shastid,
How
to
H
Thomas
suppress
ML
a
malpractice
si
SCIENCESLIBRARY
IRVIN
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