Recompence claimed by a Surgeon. - Tutor. - Sheriff-substitute. - Commissioner for taking Oaths. - Political Agent. - Recompense claimed from a Trustee.
Campbell of Ashfield contra Munso Campbell of Netherplace
Date: 6 July 1709 Case No. No 39.
The Court assumed the power of naming the gratuity to a surgeon for cutting for the stone, where they judged of his skill.
Click here to view a pdf copy of this documet : PDF Copy
Duncan Campbell of Ashfield, giving himself out to be the best lithotomist and cutter for the stone, pursues Mungo Campbell of Netherplace, that he being under the unsupportable agony of the gravel, that he was kept down in his bed by two servants, sent for the said Duncan to cure him, who, leaving the great employment he had, came and waited on him for several weeks; and, by an emacerating diet, fited him for the operation, and then cut him, and brought away a big stone of five ounces weight, and sinde that time he has enjoyed better health, for which extraordinary cure all he got in hand was seventeen guineas, whereas, by his attendance and diversion from other patients, and his lucrum cessans he has lost more than L. 50 Sterling, and craves that sum as his fee and recompence of his damage. Alleged, That the gratification given of seventeen guineas was enough though the cure had been performed; but it was so far from it, that he wholly spoiled and mangled the defender, by his unskilfully cutting the intcstinum rectum and his bladder, so that the excrements pass not by their natural channels, but come through the wound, which has so debilitated him that he can neither walk nor ride, but as he is carried. Replied, That the cure was according to all the rules of art; and if he be not so vigorous as he was, it is to be ascribed to the bigness of the stone, and his old age, being past 60, and to his own mal-regimen and misgoverment, and corpulency. The Lords thought the gratuity given sufficient, and refused any farther modification.
