RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume III, Issue 351, 15 September 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, Sept. 14, 1868. (Before J. Giles Esq., E.M.) DBX'iSrKA.RDS. Eour inebriates were fined in the usual penalties. CIYIL CASES'. _ Olson v. Sheahan.—This was a rather singular case, in which the plaintiff, William Olsen sued Mr Timothy Sheahan, proprietor of the Nelson hotel for £SO damages, alleged to have been sustained by the negligence of defendant, or defendant's servants. Mr Tyler appeared for the plaintiff, and stated the case as appears in evidence. The plaintiff was called and said— On the 26th of August last, I went into defendant's house with a man named Stewart, and called for brandy and bitters. Mrs Sheahan was in the bar, and handed me the bottle over for me to help myself. When I was taking the bitters the stopper came out, and I got more of it than I wanted. I drank the mixture and then I felt a burning in my threat, and fell down. I became insensible. I do not remember anything till dinner-time next day, when I found myself in the hospital. At that time I felt a burning pain mside, and for about nine days I felt it, I remained in the hospital for twelve days, and during that time subsisted on maizena chiefly and bread soaked in tea. I was not able to work when Heft the hospital, and ha,ve not been since. I have tried to lift an axe and found that I could not. Yesterday morning I took some solid food, beefsteak but my stomach resisted it, and I threw it up immediately. I have been idle thrje weeks next Wednesday since this occurrence. I have seen Mr Sheahan during the past week, and he expressed his sorrow and said that he would pay the hospital and the doctor's expenses, but I did not think that fair and refused to take it. I told him that if he had taken me in and taken care of me, I should not have thought so much of it,

but he lot me lie outside, and I might have been arrested by the po'iice as drunk, and it"£ had been locked up, I should have died. The hospital expenses were £5 3s, and the fees to the surgeon before I went to the hospital were £2 2s. I cannot now go to work and cannot say when I shall, but hope I shall be well in a week or two.

By defendant.—Mrs Sheahan served me, put the bitter bottle before me. I did not remain in the house more than ten minutes before I took an emetic, and after that I believe went back to Sheahau's, but I do not remember myself, my mates told me. I have a dim recollection of falling down. A musician playing at your house called several times on me ia the hospital. You did offer to accomodate me till I got well, but I did not like to live at an hotel. You also said you would provide medical attendance till I was well.

By the Bench.—Dr Thorpe gave me the bill for £5 3s for hospital attendance, and he got it from the secretary. I asked what the expenses would be, I was not asked to pay anythiug before that. Thomas Coucill said that on the of the 28th of August he was at Sheahan's, and' saw some stuff said to be bitters, being handed round, and several tasted it. It burnt the lips of those who did taste it. Subsequently he saw Olsen in the chemists shop. He was in great agony, aud complained that it felt as though saws were cutting his inside out. After this they took him to the hospital, and they would not receivehim there and subsequently he was taken to the British American and Dr Thorpe sent for. Witness told Sheahan that Olsen was piosned, aud Shehans said he did not think he was.

By defendant, —Witness saw plaintiff at the chemists shop, and then lefc him. He next saw him afterwards at defendant's house, and remained with him till he was taken to the hospital. Plaintiff had been drinking during the day. It was some time after he left him at the chemist's that witness met him at the dance room. It might have been half-an-bour or three quarters. At that time he was sitting down with his hand on his chest, and it was some time after that that he fell down. In the dance room he complained of being very bad. Charles Stewart said, that he had a drink with plaintiff, and the latter had brandy and bitters, which was handed by Mrs Sheahan. Plaintiff directly on swallowing it, said he was poisoned, The witness poured some of the bitters out, and tasted it, and it burned his mouth. He then went with plaintiff to the chemist's, and the latter had a seidlitz powder. They went back immediately, thinking it would wear off. Plaintiff was sitting down the last time he saw him, and was then complaining of pain. Witness was dancing and did not see plaintiff again, till he saw him at the British American. He was then in great pain, and it took three of them to hold him, he was so violent from the effects of pain. By defendaut, —They had the drinks at the bar. The bitters were handed to him. The head came off when he was helping himself. It was late when he saw him at the British American, 11 or 12 oclock.

Dr. Thorpe proved that on the night of the 28th August, he was called to see the plaintiff at the British American hotel. He found him suffering great pain in the stomach and throat, and he appeared to have been partially intoxicated. On examining the throat, lie found it greatly inflamed, covered with tenacious mucus, and marked with red streaks. "Witness had previously been informed that the man had swallowed a strong acid, and he administered an antidote, first giving chalk, and afterwards procuring vomiting. There was no smell of spirits in the vomit, but it was frothy as if from effervescence. Previously to his seeing lum, witness was told that the man had vomited ; he stopped with plaintiff an hour, and at the expiration of that time expressed himself so much better that he said he would be able to return with his mates. Witness went home and directed them to call as they went by for an opiatey draught, but finding they did not come he went down again He found Olsen had got worse and he had him taken to the hospital, where he remained twelve days ; while there plaintiff spat up shreds of the mucous membrane, and up to the time of his leaving was not able to take any solid matter.. Witness was of opinion that the symptoms had been occasioned by plaintiff swallowing some irritant substance, such as acid. He asked the defendant what Olson had taken, and the latter said some acid used in cleaning the counter, vitriol would have produced those symptoms. He was told that the acid had b?en given in mistake for bitters. A manwifch Mr. Sheahan said that only a few drops had been swallowed by plaintiff. I think plaintiff will feel the effects some

time. He should apprehend from it indigestion and inability to swallow solid food, Stricture of the ' gullet is sometimes occasioned by swallowing acids, but he did not think the quantities taken sufficient in this case. Plain tiff left the hospital himself, and was not discharged. At that time ho was not well enough to work with a pick and shovel. Witness' fee was £2 2s, and the hospital charges, £5 3s. By defendant—Plaintiff presented the appearance of having been drinking on that occasion. All patients that can pay are expected to pay for hospital attendance. Plaintiff recalled by Mr Tyler, said that he had had a few glasses that day, but he was not drunk. He had never been drunk in his life.

The defendant, on being sworn, said that two or three days before this occurred, he got some stuff to clean the counter. It was brought in a bitter bottle, and he planted it in a corner behind the ordinary range of bottles. After the man had taken the stuff he remained on the premises some time, and witness did not know he was ill till he heard he had been taken to the hospital. On hearing of it he offered plaintiff every accommodation, and to provide all medical attendance, if it were for six months, till he was quite and completely well. He offered this in addition to paying any expenses plaintiff had been put to. He had every sympathy with the man, and only came to the Court in order to let the public know the real facts of the case. He was quite ready to make every compensation that was fair, though he did not consider he was legally liable. He would leave the question entirely in the Magistrate's hands. Mr Tyler addressed the Bench in order to show that the damages claimed were not excessive, and contended that by the defendant's own showing by allowing a bitter bottle containing a poisonous fluid to remain on a shelf where other bitters were, he had been guilty of great negligence, far more, in fact than sufficient to render him liable in law. The Magistrate said that there was no doubt as to the defendant's liability, though at the same time there was no doubt that what he said was true, that the occurrence was quite accidental aud he was not personally to blame. Still it must be obvious to himself, and everybody else, that he must be responsible for what took place in his establishment, for it was certain that when customers came for drinks and were supplied with poison, he must be answerable. He proceeded to remark on the fact of the plaintiff having left the hospital of his own accord, which might account for his recovery not being complete at this time, and also on the medical evidence, which did not seem to point out any serious injury to health, or consequent disease that couldnotbeavoidedbycare. Thedefe dant by the offer he made to accomodate the plaintiff, and pay medical attendance till he was well had done all possible, but the plaintiff had declined to accept it. Taking all the facts of the case into consideration, he thought the justice of tho case would be|met by awarding £3O and costs. In compliance with an application from the defendaut the amount was ordered to be paid by £5 weekly instalments.