WAIT V. COLLIS.

Oamaru Mail, Volume IV, Issue 1319, 25 October 1880, Page 2

WAIT V. COLLIS.

The hearing of the action brought by Dr. Wait against Mr. E, Collis to recover money owing for professional attendance was resumpd at the Resident Magistrate's Court to-day. The evidence for the defence was continued.

Peter Nelson stated that he Chilis the day the accident pecurred, and he was then in a good state of health. He first saw Mr. Collis' leg about two days after the accident. Mr. Collis appeared to be unable to move his leg, and he (witness) had to shift it fop h}m. When he saw the leg a day or two afterwards he c.ould see nothing the matter with the skin, He saw Collis almost every Beoond day—generally about seven or eight o'clock. About a week afterwards he saw him standing at a desk with a crutch under one arm. He was not standing on the injured leg. Witness told him to sit down, and ColHs replied that hp coulcl }iot do sq. s"e saw Collis several times afterwards standing up in a similar manner, but he was generally in bed when he saw him. He moved Mr. Collis' leg several times, and never saw Collis move it himself.

To Mr. Newton, witness said he had known Mr. Collis about two years before the accident. He only knew that Collis was unable to move lu? leg hp asked him (witness) to move it for him. He appeared to be in great pain. He could not swear that it was not the day after the aocident that Mr. Collis showed him his hip, Mr, Collis appeared to be in pain even when he was lying down. It was between a week and a fortnight after the accident that he first saw Mr. Collis standing. The desk Mr. Collis was standing at was in the same room as his bed, and about a yard from the bed. He told Mr. Collis he had better get some person to do his work for him,'and Mr. Mollis said he would rather do it himself. He had never seen him moving about. John Jennings stated that in October 1575, he was storeman in the employ of Mr- Collis. ife sa-.y Mr. Collis 3 'few minutes after the apciclent. He §a\y the injured part, but could nor discover anything wrong with it. Two or three days after the accident he went for a pair of crutches for Mr. Collis according to Mr. Collis' instructions. Mr. Collis used them daily to -jyorlv about. He used to stand and write at his desk, with on© crutoh to steady himself. He first did this about a week or ten days after the accident, but he U3ed the crutches to enable him to go outside from the time he got them. He had some conversation with Dr. Wait as to what was the matter with Mr, Collis. The doctor said that it was addpd to a severe shaking. He (withess) attended qn Mr. Collis night and day, but received 110 instructions from Dr, Wait as to what troatment Collis was to receive, He remembered that Dr, de Lautour was called in, but did not remember a dispute arising as to shortening of the limb. He (witness) measured Mr. Collis' leg after Dr. de Lautour visited him.

Mr. Newton objected to evidence being given upon the measurement of a limb by an unskilled witness. Jfyne but 3. metrical man could give evidence upon suqh a point. Mr. Hislop submitted that he had a right to take the evidence, and urged that unless the evidence of unskilled persons were allowed to be given on such' points, tliejy would have no means of deciding betweei; tlje statements of the two medical men,

After some further argument, His Worship was understood to rule against the admission of-the evidence. Mr. Hislop, however, still further argued the point. After this had gone on some time, Mr. Newton said he would leave the Court until Mr. Hislop had accepted the ruling or the Bench, and carried out his threat.

Mr. Hislop continued by mentioning that the only class of evidence objected to had recently been admitted in a case at Naseby, and he was prepared to name the case.

His Worship said that the only way to settle the point was to have the cases cited, and as they had not the reports in the Court thej' would have to adjourn. Mr. Hislop said he would put the questions categorically, and, if they were objected to, he would again argue the point. Mr. Jennings continued his evidence : When he returned from the Show Ground Collis told him that Dr. de Lautour had been to see him.

Mr. Newton objected to the witness giving evidence at all of having made a measurement of the limb.

Qome further argument took place. Mr. Hislop said he w,quld submit the evidence of Jennings having madfi measurements of Mr. Collis' legs, and the parts from and to which the measurements were made. Then, if it was afterwards shown that the measurements were properly taken, he would recall the witr ness and ask him to give the results of his measurement.

Witness continued : He took a measurement of Mr. Collis' two legs at Mr. Collis' request. He took the measurements between the points indicated by Mr. Collis. He (witness) was asked /o remain in the room while chloroform Avas administered, Jjjit, with Mr. Fred. Collis, he declined to

remain. He was in the room when Drs. Wait and de Lautour came in; Witness

and M. F. Collis. left the room,.and re* mained outside for some tinie. When he re-entered he saw Mr. Collis lying in what he considered a very dangerous state, greatly discolored and half dead and alive. He did not remember if the windows were opened or not. iNext day Dr. de Lautour attended again about ten o'clock, and waited about an hour for Dr. Wait, but the latter did not come. Dr. de Lautour examined Mr. Collis. He remembered that Mr. Collis cried out every time Dr. de Lautour moved his ieg. To Mr. 2fewton—Mr. Collis before getting the crutches used a broom under one arm, and witness steadied him on the other side. Xt was between a fortnight or three weeks after the accident that witness first saw Mr. Collis standing at the desk. He had known Mr. Collis for some time before the accident, but did not know that h© was subject to rheumatism, though he was generally very weak. He had not asked Dr. Wait what the treatment was that Mr. Collis was to receive because he was led to understand by Dr. Wait that there waa very little the matter with Mr. Owljia except rheumatism and a shake. He was perfectly certain that Jpr, Wait had not told him that Mr. Collis was suffering from contusion or severe bruise.

To Mr. Hislop, witness said he did not think there was anything the matter with Mr. Collis in consequence of what the doctor had told him.

The defendant, Edward Collis, deposed that befp.ya the aeoident his health was very good. He was working about before and on the day of the accident. In 1863, he was laid up with rheumatism on the diggings, and had not quite got over it when he came to Oamaru, in the same year. When Dr. Wait attended him in 1874, it was not for rheumatism ; it was for bruise received while out riding. He got over the rheumatism. The conversations with Dr. Wait about rheumatism : took place shortly after witness returned from the diggings. For months before the accident he was it} good health, and used to work ao.rn&tisnes from 3 o'clock in I the ftoyning until 1Q or 11 at night. When the accident occurred, the horse commenced bucking, and he could not keep his feet in the stirrups, and took' hold of the saddle with both hands, and jumped off, coming down on his left foot. He then fell on to his back, and tried to get up, but failed. Messrs. Townsgnd and Hickey picked him up, and, he tried to walk, but could not do so. When Dr. Wait he had a conversation with him. Dr. Wait said he had received a violent shake, and could not tell him what was the matter with him just then. Dr. Wait put his hands across his (witness') knees, but di<3 not do any more that d?,y t He came again next day, and told him (witness) that he would have to get up and mo.ve abo.ut. He pulled witness 1 legs, and felt about to see what was, the matter with him. He (witness) could, aCjt get up. He borrowed a pair of crutches from Mr. M. Anderson, and Dr. Wait got him to stand up on tlio orutclies to see if his legs were the same length. Dr Wait felt him all round,' and asked witness to try if he could walk. Witness put his foot on the ground, but could bear no weight upon it. He told Dr. Wait then that he thought his leg was broken, and the doctor replied that it was not broken; that he, was suffering from rheuttiatius and a violent shake. He (witiiess) replied that if it was only rheumatics ho could stand on his legs, and Dr. Wait said he could not do so. L>r. Wait told him he was to move about on the crutches, but did not give any explanation. He first moved about on the crutches three or four days after the accident. I>r, Wait told him to, get up. He had heard Dr. Wait say in court that he ordered hot fomentations ; fie had never ordered suoh fomentations. He had some liniment from Dr. Wait to rub on his hip, which pained him when ho moved about. Dr. Wait ordered the application of a galvanic battery about six weeks after the accident. He happened to see the battery on the table, and ordered it to be applied. It was,, in accordance with Dr. Wait'a instructions, applied twice a day, for ten minutes each time. IJe (witness)' only applied it twice, as hia leg began to swell. He got frightened, and gave instructions for Dr. de Lautour to be sent in. Dr. de Lautour came, but did not give any opinion on his first visit, as witness told him Dr. Wftifc was attending him. ?\¥& or three days afteron thg Monday, he sent for Dr. Wait and gpt him to call in Dr. de Lautour. Dr. Wait had not been to see him frori} the Friday to the Monday, when he sent for him. His leg at this time was very weak, and he was unable to use it; it was shorter than the other. Drs. Wait and de Lautour met and put him under chloroform, He remembered being under chloroform ; it was administered by Dr. Wait while Dr. de Lautour held his hands. He felt a weight upon his head and the blood rushing up his throat. Dr. de Lautour found he could not stand the chloroform, and took it away. Dr. de Lautour measured his (witness's) leg fyom the hip to the knee and from the knee to the eytikle. Dr. Wait was present, and Dr. de Lautour said there was over an inch and a half difference in the two legs. Dr. Wait said he did not believe it. Dr. de Lautour said the bone was broken. Dr. de Lautour said the neck of the bone was broken. The doctors appointed a day to put on a weight. Dr. de Lautour measured the leg from the top of the hip bone. On the day of the appointment Dr. de Lautour came and waited ■r.oye than an hour for Dr. Wait. Finding that Dr. Wait did not ooine, Dr. de Lautour put the weight on himself. In the evening Dr. Wait came, and looked to see what Dr. de Lautour had been doing. He said nothing about the weight, and made the excuse that he had been on board a ship and could not come before. Witness and Dr. Wait had some conversation about chloroform. Dr. said that Dr. de Lautour wag frightened of the administration of chloroform, and that was the reason he took it away. The two doctor's met again several times in witness' place, He could nqt say why Dr. Wait }md desisted from attending him, and did not give any explanation. Witness had not told him to desist. The doctors had told him that they had appointed two o'clock on the 21st December as the time for putting on a plaster of Paris bandage. Dr. Wait came about ten minutes to two o'clock, but went away as Dr. de Lautour was coming through the yard. Dr. Wait must have seen Dr. de Lautour. Dr. de Lautour put the plaster of paris on himself. He got up about three days after the plaster of Paris was on. Between the 24th November, when the weight was put on, and the 24th December, the plaster of Paris was put on. Witness got out of bed two or three days after the accident. Dr. de Lautour measured from the same points. He noted where where Dr. de Lautour measured from and told Jennings. Dr. Fleming had since measured him.

To Mr. Newton, witness said that at the time of the accident he was 38 years of age. He did not take any notice of I)r. Wait, They were not friends, and did jjpt speak to each other. He did not entertain hostile feedings towards Dr. Wait. He had accused Dr. Wait to other persons of laming hiri} for life. He had hot bored people with the tales of his misfortune. He did not remember telling anyone a.t the hospital that J)r, had him fop life. He might have told some one that when Dr. Wait took hold of his leg and twisted it about he broke his leg below the knee. He heard the bone crack at the time, and could show the mark now. He could go along fairly with a stick, though lame. He would not; like to take a lengthy walk without his

3. stick. He walked about the garden with>s oiit a stick, but never went beyond that s 1 without a stick. He came off the horse e on the near side ; he was sure of that, •t The horse continued backing after he ■, jumped off, and knocked him down on his back. He had suffered from rheumae tism between 1563 and'lß7s, but he could r not say the dates. He had not on those 3 occasions been laid up, and had not been t laid up since 1863. He kept a diary r while he was laid up from the accident. 1 He had occasional twinges of rheumatism, • the cold weather at times affecting him. He was laid up for three months with 3 rheumatism in 1863, arid was very bad. ■ When lifted up by Messrs. Townsend and s Hickey, he took about two steps, when t his foot turned right round. He went ' outside the first day after the accident, t assisted by Jennings and the use of a ' broom. Previous to Dr. Wait getting 1 him to stand up by the aid of the cruthes, ■ he had told him that one of his legs was shorter than the other. Dr. de Lautour ; measured witness' leg before the chloro- > form was administered. It must have been before the" chloroform was adminis- ■ tered that Drs. Wait and de Lautour i arranged to meet and do something to his leg. He would not swear that Drs. Wait and de Lautour met in his house more ' than once, but they were there on the same days. He had not told Dr. Wait, ; after Dr. de Lautour was called in, not to continue his visits, and had not on any ; occasion asked him to continue his attendance. Dr. de Lautour had told him that ■ Dr. Wait and he had arranged to put on a i plaster of Paris bandage. Dr. de Lautour, called by Mr. Hislop, said that ho is, and was in 1875, a duly ! certified medical practitioner. He was • i a member of the College of Surgeons of 1 England, was assistant demonstrator of l anatomy at King's College, was preceptor i of anatomy at King's College, and resi- • dent house surgeon at King's College ■ Hospital under the late Sir W. Furgusson, l and others. He had been called in to see I itho defendant, and examined him, but s refused to give any information except in !• the presence of his medical attendant. He i met Dr. Waitin consultation on, he thought the 22nd November. He told Dr. Wait ■ that he thought there was a considerable ; amount of shortening, fudging by the • appearance of the leg. He measured Collis' leg and said he thought it was from an inch and a half to two inches short. 1 Dr. Wait would not admit there was I ■ any shortening. Witness noticed the i eversion of the foot and that the head of i the trochanter was nearer the rim of the i pelvis than it should be. He fancied that ■ he felt crepitus, but was not sure. In - talking over the oase he gave it as his i opinion that, judging from these symptoms i and the history of the accident, that there r was fracture of the neck of the thigh i bone, probably inter-capsular. They did s not agree about it, but Dr. Wait did not L express an opinion. They then agreed, : in order to make a further examination, I to place Oollis under the influence of : chloroform. They did so the same day, Dr. Wait administering the chloroform. ' It was only administered to, a certain extent. They found that Collis was not a fit subject,. and had to desist, i while Collis was partly under the in- " fluence they- tried to find crepitus, but ; could not do so. They could only have ! found orepitus at that time in the event : of there being a fracture and united ; it i was between six and seven weeks after the s accident. They agree to meet again on the ' 24th, and to try and reduce the shortening by extension by the. vise of weights. It was his impression that they were to meet at ■ five o'clock, the delay being occasioned ■ ,by Dr> Wait being busy the next day. '| He waited for Dr. Wait from '■ \an hour to an hour and a half, and then put on the weights himself. It took about half an hour to ; put on the weights, and Dr. Wait had not arrived when he left. Professional 1 etiquette was then, wljen a patient desired i further advice, that lie shauld acquaint '■ his medical attendant o,f his desire, and ■ either name another- man or leave it to • his medic&l attendant to select one. In , the event of their agreeing, the patient i naturally remained under the advice of the doctor first called in ; but in case of a disagreement, it was optional with the patient to select the doctor under • whom he would remain. Professional etiquette could not control the actions of ' the subject beyond this. He delayed his secojid visit for two days, as he did not ■ know under whose care Collis was to I remain. On calling two days afterwards ■ Collis gave him to understand that Dr. Wait was. not going to attend him any more. He kept up the extension process for a time. On the 24th December he told Dr. Wait that he purposed putting Collis' leg in plaster of Paris, and asked him to attend, but he could not do so. On being called into a case of an accident of the kind he would look to the patient's apparent condition, andseeifnothing ! immediate were required, inquire into the history of the accident, and the patient's condition immediately prior to the occurrence, into the immediate effects of the accident, such as pain, and ability and inability to use the affected limb. He would also inquire into the past medical history of the patient, and the measure the injured limb to compare it with the uninjured limb. He would ; next, if necessary, administer chloroform, f in order to get a more correct diagnosis, i He would not consider his diagnosis complete without measurement. Taking into consideration, the facts of Collis'accident he should consider that there was probably some injury to the hip-bone, and bear in mind the rheumatism in future treatment, but the knowledge of former rheumatism would not affect his diagnosis of the , result of the accident. In the event of his diagnosis being intra-capsular fracture ' he would endeavor to get the bone in union if possible, to hair.e aa little shortening as possible, and to correct eversion of the : foot. He, wo,uld ei,th(?r use a long splint i ior try extension. The signs of severe ' contusion of the hip would be very similar to those of an intra-capusular fracture, butthere would not beshortening. Severe contusion might be caused by a fall upon the feet or a blow upon the hip. There was always contusion in cases of intra-capsular fracture. There would be outward marks on the hip in the case of contusion caused by a fall upon the hip, but not in the case of a fall upon the ; feet only. A few hours after the accident crepitus or shortening would be conclusive ; evidence of fracture. The treatment of j, a surgeon would be to treat frac- j ture. The treatment waijld be. similar j, in cases of fraoture <?r contusion. ; j For contusion of the *up joint the treat- j ment would be perfect rest, and the application of cold or hot fomentations. If sudden shortening occurred a few weeks after the accident, he would conclude that the capsule had given way, and that there had been intra-capsular fracture. It was not usual to get a shortening of an inch and a half in any person as the result of contusion, unless some I very serious constitutional disturbances had taken place. He did not }*now of any such disturbances in case. He had no doubt as to the result of his first measur@£ReTifc of Oollis'- leg; all his sub- | sequent measurements had confirmed it. He was still of the opinion that there was fracture of the neck of the femur in Collis' case. He. had examined him lately and measured him, and found the length of the leg th@ same as when he took off the plaster of Judging from all his .tests he was of opinion that he suffered - from fracture and not contusion. He was j. satisfied of this. A shortening of an inch and a half could not take place from 1 absorption in less thar\ two or three i years except under very extraordinary circumstances. At a quarter to six o'clock the further hearing of. the case was adjourned until to-morrow. u