DOCTORS AND LODGES

Dominion, Volume 9, Issue 2853, 18 August 1916, Page 6

DOCTORS AND LODGES

AN INTERESTING CASE

CLAIM FOR DAMAGES /

An echo of tho recent dispute between the British Medical Association and tho friendly societies was beard in the Magistrate's Court yesterday before Mr. W. G. lliddell, S.M., when the trustees of the Wellington United Friendly Societies' Mcdical Institute sued Dr. Edward William Suiythe, of Ngapara, for £125. The statement of claim set out that on February 21, 1916, the plaintiffs en- •; gaged the defendant to act as medical officer to the Wellington United Friendly Societies' Institute for a period of threo years, from March 1, 1916, at a salary' of £500 per annum, payable quarterly from February 21. The plaintiffs spent considerable moneys in furnishing a consulting room for defendant, who commenced work for the plaintiffs on March 13, 1916. On March 17 defendant left Wellington, intimating that he would not return, nor longer act as medical officer, and purported to determine his engagement, but did not fulfil his obligations as set forth in the agreement. Tho defendant did not give three months' notice as required by the agreement, nor has lie paid threo months' salary in lieu of notice. The plaintiffs, therefore, claimed £125 and costs. Mr. 11. Kennedy appeared for plaintiffs, and defendant neither appeared nor was he represented by counsel. Charles S. S. Kelly, secretary to the trustees, explained that the lodge doctors had resigned on December 31,1915: The trustees advertised for a doctor, and tho defendant, *Dr. Smythe, approached the trustees. A formal interview between the trustees and Dr. Smvtho took place in Wellington on February 20. ' It was pointed out to tho defendant that the position was boycotted by the British Medical Association, and his and other conditions were fulljj explained. The agreement was signed the following day. _ A circular was sent to members notifying thorn of, the appointment. .The printing postage of " this circular cost £23. Dr. Smytho commenced work on March 13. Witness went to see him every morning. One morning defendant said ho had been rung up by a doctor as to his position, and tho ,noxt day two ' doctors called to sec him. On March 17 defendant said to witness that owing to the representation of the Medical Association they had made it so hot for liiih that he was unable, to stay. Ho said he was compelled to resign. and his written resignation was handed in. He attended patients.until Saturday night, and then left for the south and had hot returned since to carry out his duties. Another circular had to bo sent out countermanding the previous one, and this cost another £23. The society had to fall back oil the old system of paying doctors scale rates, and this cost £900 during tho months of March, April, and May. Mr. J. J. L. Burke, one of tho trustees, also gave ■ evidence corroborating tho previous witness. Judgment was given for plaintiffs for the amount claimed, £120, and costs £6 12s. 6d.