Lyrmerox Hattere, J. 8. Ferntes, the master of the Tartar.
Claim for $150 for services rendered.
Phe parties appeared personally.
The petition of the plaintiff was to the effect that he was a passenger from London to Shanghai on board the Tartar, and that during the voyage the plaintiff, being by profession a surgeon, was requested on various occasions by the captain of the Tartar, to render professional assistance to members of the crew, in consideration of which the plaintiff now sought to recover the sum of $150.
The captain of the Tartar put in no answer to the petition, but stated to the Court that, while admitting certain services were rendered, the agents and himself considered that $50 would more than cover Ube value of such services, which sum he paid into Court.
PLarsniFF was not willing to accept the offer, and the case was therefore proceeded with.
Lyrruerox Haturrr, swarm, said.—I am a member. of the Royal College of Surgeons, and was a passenger per steamer on, her late adage from London to Shang hai, The dete it in this case is the captain. I was retained by him from time his crew. I did so, and claim $150 in respect to time to give my professional services to of them. T put in my account as rendered to the cay ud letter which accompanied it. Shortly after leaving London, (the steam. er sailed on the Gth October), on the same day, in fact, the captain applied to me to to attend some one. Lasked if he had not engaged a doctor. He said a doctor had been engaged, but his health failing him at the last moment be was unable to join the steamer, toccertain. unpleasantnesses, I told. the chief gave the advice asked; subsequently, awin, mate that in future it was my intention to charge for my attendance and advice. This was on October 29th The chief mate brought me word that the captain said, on receiving my message, that Iwas joking. From time time, cases were submit to me, but I took care they were sent to me by the captain, On Nov. 7th the defendant said he should pay fees, but be did not ask what my fees were, The charges I have made are reasonable.
To De¥Espant.—I understood you to tell me that you lad engaged a doctor—a friend of yours—to come, but through the failure of his health he could not come, Derenpant admitted that in one particular case—Oakley's—plaintiff had rendered good service, but as far as he could recollect ho had not attended any one else on board the ship by his instructions.
PLAINTIFF said, in no case did he give his ices without first ance: desire he the captain himeelf asked hin fo attend. "All the other cases were brought to him by the chief officer, Jaoes Sure Ferries, sworn, said that in Oakley's case he was asleep at the time the accident ocourred, but while it was somewhat dangerous, it was not such a serious case that he could not have attended to it himself, When the chief officer informed hin that plaintiff had stated to him he did not intend to attend upon any more cases without being paid the usual fee, he believed he said the plaintiff could not have nm in nest, When plaintiff' and himself were attending upon Oakley, he told him ho should act engage im excepting only for serious es pt el hould be paid the usual feo, Ho him, "however, for any cases, but was cognizant of the fact that he was attending upon the ease of a Ar. Carry, the purser, [Derexpawr add ough Mr. Carry's name appeared in articles as purser, he was in reality a Bond fide paseenger.} PLatwerirr said it was in Mr. Curry'acaseonly that he volunteered his services, but that wax before the 29th of October. He did so because he saw that Mr. Carry was being very unskilfully treated, and out of sheer pity attended pon him; Me had no hesitation in saying that he had of been on board Mr. Carry would ied.
'MIN. Feanox, on behalf of the firm of Augustine Heard and Ca., the consignees of the steamer, contended that the charges were exe and out of all proportion to the made by medical men in Shanghai. In th members of the faculty were willing to attend upon a ship for Tis, 20 a month, and this in the full knowledge of the trouble and inconvenience which an engagement was likely to entail; but in this instance Mr. trouble therefore comparatively greatly less-Hallett was a passenger on board, and the
ened.
Derexpaxr added that he had known the pay of ship's doctors to be as low as £5 a month, Puarxtirr did not like to give a. flat contradiction, but he knew for a fact that doctors—gentlemen of his acquaintance—on board the steamers in the Pacific and in the P.
0. Ca. received £10, besides certain allowances, and he was prepared to stand by this statement. If it were true that some Companies paid their doctors only £5 per month, undoubtedly they were paying a great deal for nothing, fur their qualifications could not be of any account. Fah Tu reply to his Honour, defendant said his crew numbered fifty in all, and the medicines supplied belonged to the ship.
His Hoson then examined the account, and with reference to the item asto the attendance upon Mr. Carry, asked defendant to give him further particulars as to the position held by him on board. Fad sue
Text read from the printed page and cleaned; old type leaves the occasional error.