THE DAILY EXAMINER
An Important Case.
aa
THE
A
. PROVINCIA
Jupae Attey delivered, yesterday, an |
elaborate judgment in a case miportant alike to physicians and patients The facts of the case are, ia brief, that while in the house’of William Seller, at Mount Stewart, John Coffia, of this city, fell ill and obtain- ed the professional services of Dr, Toombs. it transpired in the course of time that the
' we 3 disease was typhoid fever. But Seller was
not informed of this fact and took no pre- cautions against the spread of the disease in fact he was told that Coffin had liver and stomach complaint—the consequence being that several of his family ‘* Cook the Seller thereupon sued the doctor The doctor contended that
tell Seller
a
fever.” for damages. ke was not under any duty the nature of Coffin’s complaint, and there- fore incurred no liability for negligence : that the statement he made te Seller was
true at the time he made it ; and that as ne Seller
Lo
contract existed between him and he was not obliged to inform Seller of the change in Coftin’s complaint.
Judge Alley’s deeision was based upon the rule of law that whenever one persen is by circumstances placed in such a position with
i '
| }
idonall, spoke of the victory of Messrs Me-
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SS ED See ana et eS
DAILY E y L LEGISLATORE.
HOUSE OF ASSEMBLY.
AMENDMENT OF THE ADDRESS. Wrpnespay, June 17. AFTERNOON SESSION.
Hon Mr. Farquharson renewed the de- bate on the draft address, and was followed by Mr. Rogers, who reminded the House of the heavy taxation levied upon the farm- ers by the Davies Government; Mr. Bell, who descanted upon the merits and de- merits of both parties in the Legisla‘ ure; Mr. Shaw, who chaffed Mr. Bell on his ‘Jost’ position, paid an eloquent tribute to the memory of the late Hon. H. L. Mac-
Lean and MeDonald in’ King’s County, criticized the reprehensible conduct of the Government in withholding the public ac- counts —keeping the countey in the dark, and defended the late Administration in respect to its financial management, and its policy in respect to exhibitions and the stock farm, and vigorously attacked the Leader of the Government and Mr, H. C. Macdonald for their inconsistency as shown in the fact that there is nothing in the «peech from the throne respecting the im portant matter of Southport ferry; Mr. Warburton, who spoke about exhibitions and the stock farm.
The House then went into committee of the whole, Mr. Underhay in the chair.
After some tnne, progress was reported.
THurspay, June 13.
— —
XAMINER,
aoncnmall
enced tie
- - ‘THURSDAY, JUNE 18. 18
91
. i
eae mos !
would be prevented from practising in| D E ISLAND RAILWAY
Manitoba, without firat spending a year in [— § Ba E&
the local medical school and then passing
UNSWORTH,
an examination before a board of the} . . ; praire province local doctors. Just fancy DOMINION DAY. barred from a great privilege, in order that _— the local and comparatively incompetent ERURN TICKETS will be issue at one : } , ‘ “lies; 5 . . * business. I know some of the medical men | 95 this Railway on 30th June, instant, and on of this country. 1 believe them to be men | Dominion Day, July Ist, good for return up jected to improper infinences, but when the matter is properly laid before them = Superiutendent a manner alike honorable to themselves,and benelicial to the public interests.
this! There the people might thus be de- doctors might enjoy a monopoly of the } first-class fare to and from all Stations of high spirit. They may err when sub-!¢5 and on July 6, 1891. they wll rise to the oceasion, and decide in Vailway Office, (harlottetown, | June 18, iS9t. j Ff. P. Taytor.
L
Saturday
ALMA
Excursions !
dy pat Gi ex June 18, 1891. —e
PE. fh
Sir,-—Is it possible that Mr. James FP. | White, whe was a few days ag» elected
Sergeant-at-Arms over the heads of hosts of other applicants, is the sime gentle- unith Whe, in the case of a receut election, | subscribed himself ‘James F. White, Raim- | seller’ / It so, is it possible that he was proposed for the office by Me. J. H. Bell, the “great temperance man,” and elected by the party which professes to represent ; the teumpersnce sentiment of this Province ?
ENQUIRER.
An Enquiry.
YOMMENCING on Saturday, 20th June,
/ jnstant, and on every Saturday until September 26th, 1891, inclusive, Return Tickets will be issued at one first-class fare from all Stations on this Railway to Souris, St. Peter's, Morell, Georgetown, (hirlottc- jtown, Hunter River, Cape Traverse, Kensing- tun, Sumnerside, Alberton and Tignish
Pe pera ee tery closaly good for return ONLY ON FOLLOWING | We do not care to inquire very closely | MONDAY.
into details concerning the career of the, Sergeant at-Arms. Perhaps the Guardian will afford the information desired by our | correspondent. |
|
J. UNSWORTH,
Superintendent. Railway Otlice, Ch’town, | June 17, 1591. all prs 6i
Another Complaint.
Seen
ee eee REDPATH GONGERT COMPA
BAiig.. | Lyceum, Monday, 22nd inst Orly Pianist—Mr. John Francis Gilder, Humorous Recitals---Mr. Edward K. Moog.
Whistling Seloist—Miss Elia M. Chamberlain Violinist---Wiss Edith Christie.
11
0) 1
tei
oi
NIGHT ONLY
———
ae
POPULAR PRICHES:
J ' : . a + R S - ~ - 35
revard to another that everyone of ordinary | A/ter some routine business, and the ac- a | eserved eats, Cents,
= ; ; 'ceptance of the tender of John Coombs to . 5 tien tn call . ae : ; . sease who did thiak would at once recog: |“! ies Ga Sir, —I beg to call attention of the proper | d — = = - i 25 “
is iailinamiin aimed print the debates of poe House, * well we authorities to the disgraceful condition of | A mission, = nize that if he did not use ordinary ithe Journal, the House went in committee the gutter between the Railway House on}
ok.* : . , . . it gar | ; att res a. ‘ ’ f 2 .
ead skill in “_ ara eaeant — weer “the eel de ou position explained Richmond Street and Riley's corner. Tickets may be procured at the Diamond Rookstore, Haszard & Moore's Rel. to those circumstances hie would cause ae PI —. (alk about garbage in the gutters! lere
danger of injury to the person or property of the other, a duty arists to use ordinary cave and skill to avoid such dange: ‘ Applying this principle to the case, Judge Alley said that while Coffin was sick as a visitor in the plaintiffs house and the defendanc was attending him, the plaintiff and defendant had equal rights to go in and out-of the house. The plaintiff had the right, as owner of tha house, to oppose the right of the defendant to enter there if he saw fit; and hence, a duty was cast upon the defendant to exercise care towards the plaintiff in the discharge of his duty towards his patient. A medical man should use more than ordinary care. demands greater care when a person has or professes to have skill, and when the law deems it for the public good to demand a
The law
yreater amaount of care. As to the conten- tion that Dr. Toombs’ that Coffin had liver and stomach complaint was true at the time it was made, Judge Alley quoted the law as follows :—
statement
* “If a person make a@ representation to another wirh a reasonable belief in its trath, but afterwards discover it to be false, and after discovering his error suffer the other party to continue in error and to act upon the faith of the representation, it, from the time of the discovery of the truth, becomes a fraudulent misrepresentation, although it was not eo originally.”
The principles here laid down,were sup- ported by reference to a large number ot legal authorities. Judge Alley has, evi- dently, given the case a great deal of atten- tion and care, as well as legal knowledye snd acumen; and the soundness of his de- cision against the doctor will, we think, be admitted by all.
_—_——__———-s> ap o— ——
—A gentleman from the country, speak- ing of Sir John Macdonald, said: “He consolidated Canada, and built the Cana- dian Pacitic Railway,—and the Patriot is not done abusing him yet !”
—Mr. Bell seems to imagine that the Opposition played false when they pro- posed aupportera of the Government for the office of Sergeant-at-Arms, instead of the Govermaent favorite, Mr. James F. White. Mr. Bell is mistaken, as he will probably discover ere long.
7 New Books.
Those who like to read of thrilling ad- ventures will be pleased to hear of the pub- lication of a book entitled ‘‘Indian Hor- rors,” by Henry Davenport Northrop, Db. W. It contains most interesting «c- counts of the numerous Indian wars that have taken place in the United States, and startling descriptions of the Indion atroci- ties which have ever been associated with the same of the noble red man. (Quite a large portion of the book is given to a his- tory of the last Iodian outbreak, which ended in the death of the turbulent chief Sitting Bull. The habits and customs of the Indians from the discovery of America down to the present day are fully described and much valuable information is given. The book is well written, and adventure after adventure is related in a manner that keeps the reader deeply interested. It is profusely illustrated. Asa book for boys, “Indian Horrors” will, without doubt, be very pcpular. It is published by the Earle Publishing House, St. John, N. B.
“An Old Maid's Love” is a delightfully told story of Dutch life, whieh we cannot better recommend than by advising all to
read. Pablished by John Lovell & Son, Dlontreal. For sale at the Bazaar Store— 30 ets.
+o
Personal.
lsaae Clarke, Eeq, and Mrs. Claike, of Comp Traverse, are visiting Charlottown.
W. Heard, Esq., has gone to New Bruns- wick, and will be absent for a few weeks. He is accompanied by Mrs Heard, and will attend the Methodist Contercnce.
We notice in the list of the Canadian visitere registered at the office of the High Commissioner in London, the names of Judge, Mre. and Miss Hensley, of this Province. Jadge Heusley’s address in England is 61 Kigin Crescent, Noting Hill.
The Canadian team for the B'sley meeting leaves Moatreal by the Sarnia, on June 25th, under the command of Major Weston, of Halifax, Nova Scotia. Lieut.-Colonel Roberts has again very kindly placed the Cambiidge University range at the disposal of the team prior to the assembly on Bisley Common.
the position taken by the delegates of the late Government in respect to the tunnel, and again expressed his regret that the fiuancial policy of the late government had not been formulated, and submitted the following resolution in amendment of the seventh paragraph of the address :
‘“While we thank Your Honor for the assurance that the public accounts will be laid before us, and that measures will be adopted for the settlement of any present indebtedness which may appear, we learn with anxiety that no step is proposed or sug- geated for supplementing the ordinary income of the Province, so as in future to keep the expenditure within the revenue.”
Hon. Mr. Sinclair said that the financial policy of the Government would be devel oped in time, and contended that the memorial of thedelegatessugges'ed the ices of foregoing our claim to the tunnel in cou- sideration of $47,527 a year.
Mr. Bentley wanted to know when the Dominion Government had denied our claims, or when the late Government had neglected to press them /
Hon. Me. McLean contended that we should accept n» consideration in lieu of the tunnel.
Mr. Rogers showed that it was not in- tended by the late Government to forego the tunnel or any other public work in con-
sideration of $47,527, and charged the Commissioner of Public Works and the
hon. member fur Crapaud with making false and dishouest statements to the coun try in this regard.
Mr. McLean and Mr. Warburton replied, contending that their interpretation of it was correct.
Mr. Shaw quoted the delegate’s memorial showing that. on account of the ameunt of evst yn the construction of canals and ras}- ways in excess of the amount authorized in 1873, the Province was entitled to an in- crease of subsidy of $47 827, which is the interest at 4 per cent. of $1,888,186 which is—after deducting the capital expended on the P. E. Island Railway and the iucreased grant of $20,000 per year—our proportion of $90,312,937 expended in excess of the amount authorized in 1873. He was pro- ceeding to show that the acceptance of $47,- 527 per year, as by memoria!, would not invalidate our claims tor compensation for non-fulfilment of the terms of union up to the present time when the hour of adj ourn- ment arrived,
ke <a ame
LETTERS TO THE EDITOR.
The Medical Bill.
Sin,— Your issue of yesterday contained a letier alluding to my criticism of the proposed medical dill. The public is not concerned with the personalities of that letter. The author quoted a certain pet- ition as a proof of my incorrectness about the bill. Now there is no doubt about the present publicity of the petition. The author of the letter is on the wrong track. | had nothing to say about the petition. | wrote about the proposed bill. Now the innocent generalities of the petition give no suflicient clue to a comprehension of the furmidable, cunningly devised bill, the only copy of which with considerable trouble, I
was able to peruse for about an hour by another man’s courtesy. I had to enquire in three offices before I found it. But
enough of this. What I ask for on behalf of the public, our individual dignity, and that of the profession is, that we sha‘l not be in a hurry, but shall have the bill pub- lished as we had on former occasions. The existing liw is only about a year old and there is no need of hurry. When ! shall possess a copy of the bill I saw, | wil be able to prove my allegatious. The bill which is drawn up in the interests of a sec- tion, will, if it becomes law, injure the interests, of the public by interfering with their freedom of action, and will lower the dignity of the profession by the possible subjection of the best medical men to in- dignities.
I obtained while in England a copy of the English Medical Laws, and in the light of these, the proposed bill cinnot be commended.
We cannot do better than have a bill after the English model. It will be well! for our Parliament not to be satisfied with the statements of any one person respecting this bill, but to await the result of the crit- icisms which the pubhcation of the biil will be sure to elicit. Wedo not want to im- itate the selfish, ignoble laws of some of the neighbouring provinces. The Ontario law is very selfish and away behind the spirit of the present age.
Look at what selfishness h one for Manitcba. According to Dr. Morrison, lately a resident of the Northwest, such il-
ing to sight and smell, bat highly danger- ous to health. TAXPAYER.
June 18, 1891.
=
MARRIED.
At the Presbyterian Church, Souris, by the Rev J G Cameron, on the I]7th inst, Henry Havelock McFarlane, of Charlottetown, to Miss Ida Leslie, of Souris West.
At Charlottetown, on Mirch 10th, by t'e Rev J Read, Artemus George Boyce, of
Bridge.
oe
anders for Steam Heating
—_
signed until SATURDAY, 27h inst., from persons willing to contract for the erec- tion of Steam Heating Apparatus, low pres- sure, in the Catholic Church, Vernon River, and to have it completed by the Ist November next. The following are the approximate « sions of the Building :—
}
imen-
Lamath of CRmeGlisi.. 6. ccc ccceseee 127 feet. eh ee. OOP eee ee a” Average Height of Ceilings. ....... - ae: * Length ot Vestry Room............ 7 * Width of SSS aaeeacs aes 25}, ‘¢ molest: Chtltien. 4. e-ssstciense i3 * Length of Side Chapel...........4. ——* Width of Lt. Saas Cee vee e ees Height Ceiling “ cacess aces sf ——ALSO——
Separate Tenders will be received till same date, for Heating the Parechial House at the same place by Hot Water.
The House is a Two-story Brick Building, 44 feet hy 30 feet, and 10 feet ceilings, with au attic. But tenderers are expected to ascertain the exact figures for themselves.
The undersigned will not be bound to accept the lowest or any tender. By order of Charch Committee. PATRICK DOYLE, Pastor.
Vernon River, June 6, 1891—eod wat jour
§. §. “COILA.”
Frou Charltletown t0 New York,
FPXHIS Steamer will sail from Charlottetown and intermediate ports for New York on 25th instant, arrivirg in New York on 29th instant, carrying Lobsters and other freight at reasonable rates. Through Bills of Lading to Eagiand given if required. Apply to D. FARQUHARSON & SON.
Ch'town, June 8, 1891—eod
“Worth its Weight in Gold.”
‘*Té is worth its weight in gold to take away that scalding feeling in the throat,” is what a young lady recently said of ‘‘ DYS. PEPTICURK.” The scalding feeling is Heartburn. No one need suffer a day with it when it is s0 easily relisved and quickly cured by
“DYSPEPTICURE.”
jal5—iw
a Y
TEA AND FANOY SALE
MAR KETHALL,
ON THE——
24th and 25th of June.
TEA AND FANCY SALE will be held in the Market Hallon the 24th and 25th of June, for the benefit of Notre Dame Convent.
The ladies in charge of the tables intend to leave nothing undone to make it the most successful and enjoyable affair of the season.
Tea on the tables from 5.30 p.m. Entrance 10 cents; Tea, 25 cents.
Strawberries, Ice Cream and Refreshments at any hour during the afternoon and evening.
Special fares from all stations along the line
lustrious men as Sir Spencer Wells, Sir William Jenner and Mr, Lawson Tait
of railway and on the steamer from Pictou. June 10
can be seen genuine fillh, notonly disgust- |
Lot 4%, to Emma Jane Lemon, of Montague’ ,
geen will be received by the under-
a
We offer the following seasonable goods
Wholesale and Retail :
2 kegs PARIS GREEN, 100 lbs HELLEBORE, 100 “ INSECT POWDER,
12 gross STICKY FLY PAPER, WILSON’S FLY PADS DAVIES’ FLY PADS. A fine line Patent Mediciaes, j}K. 2 C., Ayer’s and Hood's Sarsaparilla, Euo’s Fruit Salts, ete.
REDDIN BEOS.
»;
} Also.— of
June 13
P
ns eod
roposed Sailings OF THE STEAMERS OF THE
BLACK DIAMOND LINE.
wae end F ee PEs ee et SP ape ngs Sarg eine ogee ee A ae LO 5 ial a ea
ZYROM Montreal for Charlottetown, Syd-
| ney and St. Johu’s, Newfoundland :-~—
EE ROWE ob oe kc Pineal June 26th e a, ee ee oa ua ke July 16th . epegads aie se ae August 6th
From Montreal for Charlottetown and &yd- ney only :—
CAP. i seeks ae July 2«d “ os buo eee ee be eue ae ’ sth i Tdi ke owas ce (cece vou ks ~~ Win
PEAKE BROS. & CO, | junel7 Agents,
HARD COAL
Daily Expected.
pf BRIG CASPIAN, direct from Phila-
delphia, '300 Tons Hard Coal,
In Ege and Chestnut Sizes.
C. LYONS. June 13 —tf
AUCTION SALE.
AM instructed by the Trustees and Executors
_ of the last Will and Testament of Patrick Higgins, late of Charlottetowa Royalty, deceased, to seli by Public Auction, at the premises under- meutioned,
Qn Monday, 22nd day of June, inst.,
AT 11 OCLOCK, A. M.,
All that tract, piece or parcel of land, sitnate, lying end being in the Common of Charlotte- town, in Queen’s County, in the Province of Prince kdward Island, bounded and described as follows, that is to say :—Commencing on the west side of a proposed road at the distance cf six chains and three liuks north from ihe Upper Brighton Road at tiie division linc between Ploigs Numbers One and Two onthe plan of the estate of Russel George Freeland; thence alc ng the west side of said proposed road northwardly f.r the distance of four chains «nd twents links te Plot Number Four: thence westwardly four chains and forty-two links to the shore of the North River; thence following the varioua courses of Said shores south-westwardly and south-esstwerily to the sait div'sion line be. tween Piots Nuinber One and Two; thence easi.- wardly along the same fur chains and fifty- three iinks to the said proposed road and place of commencement, Containing two acres of land, a little more or less, an? is marked Plots Num
bers Two and Th:ce on ihe }1-n of the estate of Russel George Freeland, regis ered in the oftire of the Registrar of Dred; auu Keeper of Piaus in
Charlottetown.
_Atso- All that tract, piece or pareel of lend, situate, lying and b-ing in the Common of Char. lottetown, in Queen’s Counts, in the said Island. bounded as follows, that is ts say :—Coimmencinz on the west side of a prop sed road at the dis- tance of five chains and forty-five links north from the Upper Brighton Road, being the north east angle of George Bremner’s tract of land thence norhwardly three chains ond eigh | links to Plot Number Eleven, thence northward y ; three chains and thiriy-two links to a proposed | roed, thence along the same eastwardly three | chains and eight links to the first-mentioned proposed road, thence along the west side of the same three chains and twenty-three links to the lace cicommencement, containing one acre of and. a little mors or less, and is marked plot number twelve on said plan. TERMS—Twenty-five per cent. of the purchase | money to be paid at the time of sale, and the | balanee on delivery of deed.
For further particulars apply at the office of J. T. Meilish, Solicitor, F. H. HORNE,
Auctioneer,
June 15, 1891, For SALE.—A Double Tenement Honse and
Land on Sidney Street, near Wesleyan Church (between Prince and Hillsborough Streets). Size of land 43x80 feet; house 37x27 feet. Apply to | THOMAS DOYLE, at John Mclver’s, Prince Street, '
junei—iw 2aw '
din’s Drug Store, Apothecarics’ Hall, W. R. Watson's, A. 8, Jobneon's and F De C. Davies’. .
The Programme will Appear in a Few Days,
FARMERS AND FARMERS’ WIVES,
——_ BRING YOUR EGGS DIRECT TO———.
BEER & GOFF’S STORES,
——WHERE
— YOU WILL
The Highest Price in Cash for Thm,
Gr One Cent a Dozen Extra if you take Geods in Exchange.
oft
a
Our Goods will be found to be first-class in quality, and in price as low asthe lowest. We will take your Eggs from you right along all summer, so thet you need not take them into the market at all, but bring them direct to our Stores
BEER & COFF, Queen and King re
woe
SS
junel8—eod & wky
ae <a
BUSINESS MEN!
—- —(x) -
Before placing your orders with any Upper Canada houses, for Offic Stationery and Printing of al! kinds get our prices. We gaarantce thet lower every time, and our workmal ship equal to any in the Dominion.
HASZARD & MOORE,
nRrown's BLOCK
Ch'town, June 17, 1891—3i
—(o)
HELLIBORE—To rid Bushes of Caterpillars.
INSECT POWDER—Guaranteed Pare. s
MOTH BALLS —The Cheapest and Best Moth Desir, known. Largely used by Merchants, Deal Cloth and Fars, and by Housekeepers. ws is placed between folds of Garments, Cle.» hte Wardrobes prevent destraction of Ciothias
by Moths. Price 5 cents per dozen; 10 comts ff Box of 36.
PARIS GREEN, for destroying Potato Bugs.
FOR SALE AT WATSON’S DRUG STORE
Charlottetuwn, June 12, 1891.
’ J