Scottish Court of Session Decisions

The Lord President was of opinion that the Lord Ordinary had fixed the remuneration at too high a rate, proceeding apparently on a mistaken idea as to the amount of labour which Dr Kennedy had had to undergo in preparing for the approach of the cholera. He thought £66 was a fair sum to allow in the circumstances, without entering into any minute calculation as to how that amount was made up.

Lord Deas concurred, and thought it a pity that the matter had not been referred to some one who was neither a doctor nor a lawyer, and who might have settled the matter in a short time, and in a common-sense way, without any litigation.

Lord Ardmillan thought that as a physician must necessarily abandon other and more remunerative practice when he takes to attending cholera patients, the pursuer was entitled to a somewhat larger sum than their Lordships proposed to give, but at the same time he did not differ from the judgment.

Lord Kinloch agreed with the majority.

The respondent asked expenses.

The defenders, while admitting their liability for expenses up to the date of the Lord Ordinary's interlocutor, objected to any further liability, as they had succeeded in reducing by one-half the sum awarded by the Lord Ordinary.

The Court adopted the defenders' view.