arenas i ees
ta.
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ee!
DAILY EXAMINER.
a
ee cena tenets
lt
“ This is true Liberty,
it
SRE I
Boston, July 9.
[RM Ere eee
Ee — — schiasiiieabil when Free Born Men, having to advise the Public, may speak free.”—Evnwies. meee dhs iat adlaa <7 OWDITHC ree eye tee eens nanesnmnenetin
VEW Sivas. CHARLOTTE - Se ——— iit eee
I< cmpeeen _ SPARLOTITETOWN, P. E. ISLAND, TUESDAY, JULY 14, 1891. VOL. 28.—NO. 45
* aga a; ” — ne ateinineaaeioate’ a
aes ry» / Ip. 23, and Smith on Negligence, p. 5
prise O a L) SELLERS VS. TOOMBS, iwscre ottiontios snr tautete’. 28 Boston Markets
yess 4 = Sf . lected and reviewed,
: } Now, then, iet us apply this law to the
Hlaving Dress Goods, Press Goods, Dress Goods, Dress Geods, Dress Goods,
rine Ali-wool tine Ali-woo!l fine All-wool ine All-weol fine All- wool
fades sh
this
}
: ofered in Uity
I)
{ (
ttetown, June 17, 1891.
RITISH COLUMBIA
Ch rl
BANK OF B
ted by Royal Charter, 1862,
ital Paid Up.......£600,000, $3,000,000
Vith power to increase.)
208,000, 1,040,000
Note Circulation Notice.
ln accordance with the provisions of See sank Act, which c¢ force on
LY proximo,
) 55 of ines int FIRST this Bank has made arrarnge- I of the Bank will be RE- . by the following Banks at i¢3 in the Dominion, viz :— Rank of Com- Rank of Nova
ptes
Bank « Canadi rt s . . eree, imperial Bank of Cane ola, Traders Bank of (
" SMontrea an } ; 7 ® A, Seo
4
Halifax of Halifax
3 pank OF
peal Halifax Bank- iion Bank i
and Commercial
nents have been made with the follow sto ACT SPECIALLY AS AGENTS iemption of the Bank’s notes at the Bank of fontrea] iitax ne
alifax and Uni
Bank of 4 Co, Mer- cof H mi I biailia St JOHN, N B—Bank of Mo { a. Mery nan . Halifax Banking Co, CHARLUTTETOWN, P E I-Bank of Sava - Otla and Merchants Bank of tip lifiex, ‘ONTREAL~—Bank of Montreal, Canadian Bank of Commerce, Molson’s Bank, Bap i Nova Sooia end Merchants Bank af flalifay te. a of Montrea}, Cans dian Bank hea ie e, Imperial Bank of Canada, ae: pfaak of Humilten and sank of Canada, nk Of Montreal, Imperial Bank
WINNIPEG - Ba of Canad; ; * ; : anada, 20n's Br.nk and Cog imercia)
Mo oi SUA OF Jia ihe Bank of Bri
partis no
Uanks at an
$4NnK Of
Bank of Nora ‘ ‘ . ; 3 Slalifax amd
c a “380 Columbia will redeem at aOf the ahove mentioned
23 of
y Ol kt
Branches in British Columbia. wM, C. ie A 189}.
WARD, Manager.
Soornine, CLEAN Sains e Ingt 4 — To. * stant feket, Permanent E Lure, Fuilu-e !mpossible. '
SING,
a
RY so-caliec i aie ¥ Be allied dis aSes are “.*2 *yUiptoms of Cata ri es i OCisG, LOSID Ss _lUsSo Ol eme 4,290] brpat hawking €nd spitting, genera) fee! ne Mehihite os > aa Of debility, ete. i are
teu b} ad Ww i+), al starred syMgtom aterrh, and should | time precuring a bottle *A5AE Bary. Be warne Eme, neglected colé in head esults in Catarrh, followed ¥ e), consumption and death. sold by ail dy igfists, or sent, oe , ors
ion paid, On receipt of price centa and 3] ‘addressing ;
FULFORD A COB ts , U.Brockville,Ont, Siam
Pad - ae. a 4.4 =_ , - c
Se a >
{\r Ve ‘\
SHOR u NU FOR © Roup “as Coucus
y ° > (OOPING Oe OLDs.
S"4.0 YEARS | 9 as PRICED5 "per eae 4
ARY\ ,i'.? rx > (s?Q0N% & CO. PROPRIETORS St. John., N. B.
.
gEED
Spacers lla entrees ttignilemeinetbiaas tee
a Large Stack of Wine. , : Having a Large Stock of Fine-All-wool Light Dress Materials, we will twing Reduction in Price to make a speedy Clearance :—
J :
yuld see these Goods. for some time.
|
Sanpada, Rank of Hamil i -
f ; ,
!
|
|
i
——OFr——
ods.
fol-
ance! Yar nes eee ne
make the
- 7 . e -
~reguiar price 24e, now 16¢ 6
: : : . gsc, “~ We
. . . . A we, .* . Bbe ; : : . « 40¢, “ 2%6¢e o te “ . *é ée
s0¢€ been
J. B. MACDONALD.
Se ee
45¢,
are decidedly the best Bargains that haye
MINION BOOT AND SHOE STORE!
THE PEOPLE'S FRIEND.
entenetiee Stiga —-——(x) ——-—- ——_— —
i vary ’ » Ia > ora ‘ . / 4 * . ™ Every Day the People are Saving Money by buying their Boots and Shoes from us
—_ (x) FRESA STOCK of this Pleasant, Refreshing and,Healtby Summer Drink just received in Bottles and on Draught. ——-_— ALSO————-
‘‘Sanitas” Disinfecting Fluid, Condy’s Fluid, Chloride of Lime, Insect Pow- r, Hellebore, Fly Poison, Pads, Sticky Fly Paper, etc., etc., at
A, S. JOHNSON’S DRUG STORE,
Ch’town, July 4, 1891. Corner Kent and Prince Streets.
; ae
= = 2 (eS
a ——
A Reputation of Five and Twenty Years Standing
me (0 THE GREAT INVIGORATING Tovic,
CAMPBELL'S QUININE WINE
(x)— NVALUABLE in cas2s of Loss of Appetite, Weak or Painful Indigestion, Malaria, Lowness of Spirits, Fevers of all kinds, and asa general Strengthener of the Sys- tem when weakened by changes of the season. a It is necessary to remember that there are many so-called Quinine Wines, but that
the GREAT ORIGINAL is ‘* Campbell’s,” and that the genuine bears our signature upon the label. The best proof of its value is the fact that its sale at the present time
is larger than ever before. ' ' The following certificate shows how CAMPBELL’S QUININE WINE is appre-
ciated. Having submitted two samples of Qainine Wine, imitations of the genuine, aloug with a sample of our own, to the Public Analyst, we received the following reply: “¢Cauppeco's’ is the only genuine Quinine Wiae of the three samples examined at
Messrs. Kenneth Campbell & Co’s. request.” ar ees y . Joun Baker Epwaros, Ph. D., F.C. S., Public Analyst.
PHOTOGRAPHER
HILL, for many years Chief Operator Ryde Photographer to the Queen and ken would do well to call and see
ap2l
. — —————— -
CEO. H. COOK, PHOTOG
(0)
AVING secured the services of Mr. CLOUD H. with Hills and Saunders, and Gabes Hughes of Royal Family, persons wishing high class Photos ta specimens.
Specia monochrom? These really high class p , kinds, and are peodaced at prices consist
They can be produced from negatives, vlc iowever old and faded, Daguerreotypes, Ivory Miniatures, will not fail to give entire satisfaction. :
Remember the place. Over Apothecaries Hall.
May 9, ’91—-2aw & w 5m
I ention paid to beautiful enlarged Portraits ou opal and paper, finished in sada otis are greatly admired for truthfulness and delicacy of finish. armanent Portraits are rapidly taking the place of all inferior tant with conscientious work.
or taken by us or from any photograph sent Glass Positives, etc., etc., and
din
———
ails i Furniture |
fn \0}
Greil
‘ —{x)
IMMENSE STOCK! BEST QUALITY !
At Prices to Suit Everybody. Ne’ 4 i Drawing Room LLING OFF! —New and Fashionable g Ri oa Parlor Suites, Bedroom Suites, Mirrors, Chairs, oo steads, Tables, Washstands, Window Blinds, Window Foles and all kinds ef Window Furniture. 7 Lounges, Hasy Chairs, Rattan Chairs, Feather, Harr,
Flock and Wool Beds, Mattresses, Pillows, ete.
Gilt Moulding, every style, cheap. Call and examine.
JOHN NEWSON.
Charlottetown, June 4, 1891.
-{that he not only did not did not do so, but!
\ true nature of the disease.
Case, Judge Alley’s Decision. In the County Cour of Queen's
County, Sixth Circuit, {7th June, 1891,
plaintiff in this action claims $150 damages | from defendant for negligence as a’ physician, tinder the following facts :— On 10th July, 1889, John Coffin, of’ Charlottetown, who had been in ill health ' at St. Peters, visited plaintiff's house at | Mount Stewart—he being connected with | plaintiff by marriage—and he remained | thefe ill till bth August. While there de-| fendant attended him professionally, and On One occasion plaintiff asked him what wa the matter with Coffin, to which he re-! plied that he had liver and stomach com- plaint'and would soon be all right. Accord- ing to defendant this enquiry was made on the day after Coflin’s arrival ; according to plainorif it was made three weeks, or as he stated at Dunstaffnage Court, two weeks afterwards. Plaintiff contends that at the time this information was furnished, and’ upon which he relied as true, Coffin had| typhoid fever. Defendant claims that at’ that time he had liver complaint, and that | typhoid fever was afterwards contracted by | him. It is conceded by defendant that he} did not inform plaintiff of the change in! Ceflin’s complaint during his (Coflin’s) stay: in plaintiff's house, while plaintiff claims, that he took means to conceal from him the Owing to the plaintiff's want of knowledge of the nature of Coftin’s complaint, no precautions were taken by him and _ his family to prevent | their contracting it, and as a result, one of ; the plaintiff's children became sick before. Cofiin left there, another shortly after- wards, then plaintiff's wife, female servant and two men servants—all in quick succes- sion from typhoid fever. From plaintiff's evidence defendant did not make known to him the nature of the disease till after the’ second child took sick, and till the disease’ had been contracted by the others, while the defe.dant ateges that he informed plaintiff of it after the first child contracted the disease, or about the 10th August. The defence is that the defendant was
Au Interesting and Linpertaut:
, 0
William Seller vs. JohnG. Toombs.—The inherently wrongful and the party in fault
| husband. See also Langridge vs. Levy,
case before us. While Coffin was sick as & visitor in plaintiff's house and defendant was attending him, plaintiff and defendant ebjoyed equal rights to go in and out of the house. Plaintiff had the right as mas- ter of the house to oppose the right of de- fendant to enter there if he saw fit, and hence a duty was cast upon defendant to exercise care towards plaintiff in the dis- charge of his duty towards his patient. A medical man is bound to show more than ordimary care—the law demands greater |Care where a person has or professes to have | greater akiil, or where the law deems it for ithe public good to require a greater }#iount of care. (See Smith p. 17.) There |is a current of decisions that where the act f negligence endangers human life, it is
is liable to anyone misled or otherwise in- volved in injury through his negligence. (See Shearman and Ledtield on Negligence, p. 67. See Thomas aud wife vs. Winches- ter, 6 New York Reports 397, considered an extreme case by Brett, M. R., in Heaven vs. Pender, but approved in Pol- lock on Torts, p. 412. Norton vs. Sewell, 106, Mass 143. In George vs. Skivington, L. R. 5, Exch. 1, defendant was held liable for injuries sustained by plaintiff from a mixture carelessly prepared, though not dangerous to life, and bought by plaintiff's
4 M. and W. 337, in support of same prin- ciple, which latter case, however, was de- cided on the further ground of fraudulent representation. In Parry vs. Smith, L. R. 40. P, D, 325, Lopes after consid- eration said :
“T think the plaintiff's right of action is founded on a duty which I believe attaches in every case where a person is using or is dealing with a highly dangerous thing which, unless managed with the greatest care, is calculated to cause injuries to by- standers. To support such a right of ac- tion there need be no privity between the party injured and him by whose breach of duty the injury is caused, nor any fraud, or representation or concealment. It is a misfeasance independent of contract.”
Somewhat similar to the case of possess- ing or using dangerous things is that of a man pursuing a course of conduct which is likelyto prove dangerous, andalthough such a course may be perfectly legal, or even for the public good, yet he is bound to ex- ercise more than ordinary care in the pre- sence of a danger known to himself. (Smith, p. 184.) Typhoid fever being a disease communicable from one person to another under certain conditions, plain- tiffs family were exposed to risk of con- tracting it if proper precautions were not taken by them, and the omission or failure to inform plaintiff of the danger to which
i
not undor any duty to tell plaintiff the he was subject in this respect, having re- nature of Coffin’s complaint, and therefore gard to the relation then existing between incurred no liability for negligence,—that | him and Coffin, would seem to me to be the statement he made to him was true!¢learly such an act of negligence on de- when made, and that as no privity existed fendant’s part as would render him liable
between him and the plaintiff he was not obliged to inform him of the change in Coffin’s complaint, when he afterwards con- , tracted typhoid fever—that he discharged his duty in this respect in telling Mrs. ; Coffin, who was her husband’s nurse, and in giving her all needful precautions vent the spread of the disease, and that if she did not carry out his instructions he is not responsible for her,neglect. He also contends that the disease arose from the filthy condition in which plaintiff kept _ his yard and premises and would have arisen if Coffin had not been there at all, and that plaintiff, having been guilty of contributory negligence, cannot recovereven if negli-; yence can be imputed to defendant.
A large mass of conflicting evidence has been heard by me, which I have since read over with much care and have given my best consideration. The case also involved some very important legal principles, and I have examined the authorities quoted by counsel on both sides, as well asa number of others bearing upon the questions involved. Let; us now discuss these questions. The first to consider is, what liability attaches to defendant for negligence in not disclosing | to plaintiff the nature of Coffin’s complaint apart from any question of fraudulent con- cealment or false representation on his part. | Upon this point the rule of law is that in. order to maintain an action for an injury. to person or property by reason of negli-| gence or want of due care, there must be) shown to exist some obligation or duty towards the plaintiff which the defendant has left undischarged or unfulfilled to the plaintiff's injury (Sweeney vs. Old Colony and Newport R. R., 10 Allen, 372 Addi- son on Torts 23). It is not necessary that this duty should arise out of contract. It may arise out of the relative situation of parties between whom no privity of con- tract exists (Smith on Negligence, p. 2, Stewart vs. Harvard Coll, 12 Allen, ps. 58- 67, 1878.) The party injured must be in the exercise of a right available against the defendant (Addison 21). The pints right must be of that sort which he is able| to oppose to the right which is being exer-; cised by defendant, and to make available, against him by saying: ‘‘ It is trae you are, lawfully exercising your right, but I am in, the exercise of a right which Iam able to oppose to yours, and you must therefore exercise care towards me” (Smith, p. 3. See also per Byles, in Collis vs. Selden, L. R., 2 C._ 498.) In the latest case upon this subject, Heaven vs. Pender, 11 2B. D., 508, the following is the rule of law as laid down by the Master of the Rolls: ‘* That whenever one person is by circumstances placed in such a position with regard to ancther that everyone of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill ia his own con- duct with regard to those cireumstances he would cause danger of injury tv the person or property of the other, a duty arises to use ordinary care and skill to avoid such
' Columbkille.”
lartist of Rome, and cost about $175. | fine work of art was ordered by the Kev.
in damages under the principle enunciated
Kees.—Receipts have fallen off a little and demand has been more uctive, especial- ly for choice fresh stock. Prices have been advanced slightly aud close firm at quota- tions. Strictly extra eastern are in light supply and sell quite readily at 19¢. Best Nova Scotia, P. E. Island and New Brans- wick in fair demand at 174c. Most sales of western at about 17c. x
_ Fisu.~—There has veen very liitle change in the general condition of the market. Receipts of codfish are still running light and prises are fully sustained. Herring remains quiet with prices still largely nomi- nal. There is a good fair demand for mackerel, with very little change in prices,
ONE iis 5 Abas tics vidc bebeteei'ss diel ‘ SS tepenlgabtartonsmadaties. * 300 Herring, round shore......... cep dite 3 00 Mackerel, extra, per bri........... = . Pt Réees asiieehdengniaae 17 00 = PEE in vin +0ch. ond ke tanbaieds 15 00 = No 3, large, rim’d, new... .. 12 00 + ee my OU chk do Cc ces 10 25 Canned Lobsters, 1 Ib tins, labelled, WOE GON... i... vested
ee.
“MUCH BETTER, |
| Thank You! |
wae IS THE UNIFERSAL TESTI. ONY of those who have suffered from CURONIC BRONCHITIS, COUGHS, COLDS, OR ANY FORM OF Wasr- ING DISEASES, after they have tried {
SCOTT'S EMULSION
Of Pure Cod Liver Oi! and
HYPOPHOSPHITES
—Of Lime ard Soda,.— IT 18S ALMOST AS PALATARLE AS MILK, IT IS A WONDERFUL FLESH PRODUCER. It is used and endorsed by Physicians, Avoid all imitations ov substitutions. Sold by all Druggisis at 50c¢, and $1.00.
SCOTT & BOWNE, Belleville,
) } }
wee
J. PIGOT, Paris, Sole Proprietor.
LESSIVE PHENIX
Makes Hard Water Soft. Makes White Clothes Whiter.
by the Master of the Rolis in Heaven vs. Pender. The telling’ Coftin’s wife in the expectation that she would -ell plaintiff, | cannot, in my opinion, be such a discharge
for she might naturally be, as it is alleged , she was, prompted by self-interest to con-| ceal the fact for the benefit of her husband. | If the performance of a duty be omitted by , defendant, the fact of his having intrusted it to a person who also neglected it, fur- nishes no excuse either in good sense or good law. Pickard vs. Smith, 19, oo 2. a S., 480, see Mersey Docks vs. Gibbs, L, R. 1H. L., 493, where many cases on this point are reviewed. [CONCLUDED IN OUR NEXT. |
A Fine Painting.
In St, Columba’s Church, Lot 47, can be seen a magnificent oil painting, 9x14 feet, of Scotland’s Patron Saint, Columba, more commonly known as ‘St. The painting was
Mr. Porta, a _ leading This
executed by
Monsignor D. J. Gillis when that gentle- man last visited the Eternal City in 1889, and was framed by Mark Wright & Co., of Charlottétown, and had ouly arrived at its destination a few days previous to the departure of ‘‘ Father Gillis” from East Point parish to his new field of labor. The saint is in a standing attitude, with vout- stretched hand, and holding a small wood- en cross in his left hand close to his breast, and addressing a motley multitude in the open air. To the right, as we look, is an abrupt promontory, on which is the king's castle and other buildings, and on the left of the figure stands a rough wooden cross. The painting shows a group of people descending the mountain side, attired in the costumes worn by the barbarians of that period, and seemingly eager to join the throng below.
The great saint is said to have exerted @ powerful influence over the turbulent spirits with whom he came in contact in his ‘* native heath,” and wherever he preached numbers would assemble to listen to his utterances. St. Columba was born, A. D., 521, and died in the year 593. He foundedagreat namber of monasteries in Scocland, including the grand
P. monastry on the Island of lonia, which was
the ecclesiastical ceutre of education, of not only Scot!and, but aleo parts of England, and which was for a long time the burial place af the early Scottish Kings; many of whom re- ceived their coronation at his hands. After he had converted the King, the Island of Ionia was assigned to him. ; vee
The wearing apparel of the saint, which is of a light grey, and the greyish appearance of the scenery, make a pleasing contrast to the dark lowering sky overhead, and the blue and dark-blue back ground.
The painting is pronounce! by competent judges to be a work of art of great merit, and
danger.” See also Elliott vs, Hall, 16,
2 B. D. 316, Addison on Torts, 8th Edn.,
will show to good advantage when _ in Ie
Makes Flannels Soft and Clean. Makes Fruit Stains Vanish.
Makes Tin Like Silver.
‘of defendant's duty towards plaiatiff as will | Makes Paint Like New. to pre- Felieve him from liability for negligence, ' M
akes Glassware Brilliant. Makes Earthenware Spotless. Makes Windows Like Crystal. Makes Baths and Sinks Clean and Bright.
THE ONLY ARTICLE THAT WILL CLEAN ZINC,
Por sale by Grocers and Druggists Every where. Factory in Montreal.
-
‘EVANS AND SONS, Sole Agents,
julyl—dy 6m
i Ife >
w pervecily safe for persons Sof cil ages and constitu-
DRUGGINTS.
PRICE:
_ a ‘ ails 25e. x , 2 PerBox.
Prepared only by
yee 4 4.8, JOUNSON,
Pisce me, = CHARLOTTETOWN, rap aseF P. Ft a BS: we 6 * es ee ee ; ; Re gia iel etait] i i= im obe meray
Va earn eh ia ete
Fa Rn BALE
BR Gc eahss ad ses Men Wanted.
ROM Ten to a Dozen workmen—Bench Hands, Carpenters and Machine Hands. Also, three smart boys.
MARK WRIGHT & CO. july8—lw
2,000 Butter Tubs.
CARVELL BROS. Ch’town, May 22, 1891—2aw pat guar
its proper position.