IMPORTANT CASE OF 
ALLEGED IAL-PRACTICE: 
CHARLES M. STEELE, by his next friend, MARIA STEELE, Plaintiff\ 
Against 
R» S. NEWTON, M. D., Defendant. 
TRIED IN THE SUPERIOR COURT OF CINCINNATI, NOVEMBER TERM, 1856. 
JUDGE O. M. SPENCER, PRESIDING. N. B. The Report of the Testimony, as contained in the following pages, was cor- 
rected by the Surgeons, who were examined as experts, themselves. CASE OF ALLEGED MAL-PRACTICE. 
Suits to recover damages in cases of al- 
leged mal-practice have greatly multiplied 
within the last few years; yet patients re- 
new them, notwithstanding the common 
failure to enrich themselves at the expense 
of the surgeon. The experience of those 
who have made such attempts have been 
altogether inadequate to satisfy the mor- 
bid desire to collect damages from practi- 
tioners, and legal gentlemen as readily ad- 
vise the institution of suits as though it 
had been held by the civil code, that the 
surgeon warranted, in every case, to re- 
store a limb or joint to its normal condi- 
tion. Every practitioner, and especially 
every surgeon, is deeply interested in such 
medico-legal questions, and each does only 
a duty to the profession when he reports in 
full, such cases as may come under his 
knowledge. The case in question is one 
of considerable interest, as well as import- 
ance, and the decision may be of service to 
other practitioners who shall be the de- 
fendants in future mal-practice cases. 
On the 7th of July, 1856, the following 
petition was filed in the Clerk’s Office of 
the Superior Court of Cincinnati: 
In the Superior Court of Cincinnati. 
Charles M. Steele, an infant, by his ] 
next friend, Maria Steele, plaintiff, l 
against R. S. Newton, M.D., defendant, j 
Charles M. Steele, by his next friend, 
Maria Steele, says: That he, the plaintiff, 
fell on Friday, the twenty-second day of 
September, A. D., 1854, from a window in 
the “ Methodist Book Concern,” Cincin- 
nati, and fractured the lower extremity 
of the humerus of his, the plaintiff’s, arm, 
the fracture including the upper part of 
the condyloid ridges. 
And the plaintiff further says: That the 
defendant, at the time aforesaid, exercising 
and following the art and profession of a 
surgeon and physician, was employed by 
the plaintiff, for a reasonable reward to be 
therefor paid by the plaintiff, to set and 
exercise due care in curing the said arm 
of the plaintiff; that the defendant so 
carelessly, negligently, and unskillfully 
treated the said fractured arm of the plain- 
tiff, and by and through the mere negli- 
gence, unskillfulness and default of the de- 
fendant, in that behalf, the said arm of 
the plaintiff was deformed, partially par- 
alyzed and rendered entirely useless; that 
a serious injury has been done to the me- 
dian nerve of the said arm, resulting in an 
impaired circulation and sensibility; that 
there is an atrophied condition of the fore 
arm, arid an arrest of the growth of bones; 
that there is permanent contraction of the 
flexor muscles of the fingers; that the wrist 
joint has received an abducted direction, 
and that the plaintiff has been otherwise 
injured. 
Plaintiff says, that by and through the 
negligence and unskillfulness aforesaid of 
the defendant, he has sustained damages 
to the amount of three thousand dollars, 
($3000,) wherefore he asks judgment for 
three thousand dollars. 
A. N. Riddle, 
W. H. Johnson, 
A. T. Goshorn, 
Atty's for Plaintiff. 
State of Ohio, 
Hamilton Co. 
Maria Steele, the next friend of Charles 
M. Steele, the aforesaid plaintiff, being 
sworn, says that she believes the statement 
of the foregoing petition to be true. 
ss. 
Sworn to by Maria Steele ' 
before me, and sub- 
scribed in my presence, 
this 3d day of May, 
1856. 
her 
Maria Steele 
mark. 
[seal.] A. T. Goshorn, N. P. 
To this petition, the defendant, Prof. 
Robert S. Newton, filed the following- an- 
swer. 
Superior Court of Cincinnati. 
Charles M. Steele, an infant,' 
by his next friend, Maria Steele, 
plaintiff, against R. S. Newton, 
M. D., defendant. 
Answer. 
The defendant, for answer to the petition 
in this case, says that he admits he is a 
physician and surgeon, and attended 
Charles M. Steele, for fracture and other 
injuries of the arm, as stated in the peti- 
tion. Said Charles, after receiving the in- 
jury at the Methodist Book Concern, cor- 
ner ot Eighth and Main streets, Cincinnati, 
was conveyed to a boarding house on Col- 
lege street, when the defendant was called 
to see him by a Mr. Hunter, a hand work- 4 
CASE OF ALLEGED MAL- PRACTICE. 
ing in the Book Concern, who assisted to 
remove him to the house on College street. 
When the defendant first saw the pa- 
tient, which he supposes from the informa- 
tion he received was from one to two hours 
after the injury was received, the arm was 
very much swollen, and so painful that the 
patient was in slight convulsions. Defen- 
dant stated at the time, to the person who 
called him and those who were present, as 
well as the boy himself, that, from the na- 
ture of the fracture and the injury to the 
nervous ligaments and bloodvessels, there 
was danger that he would have lock-jaw, 
or that mortification might ensue; and, if 
he escaped these, there was danger of the 
elbow joint becoming stiffened, and his be- 
ing rendered a cripple for life. At the ur- 
gent request of said Hunter and the boy 
himself, defendant agreed to set the arm, 
and do the best he could for him. He ac- 
cordingly set and dressed the arm. He 
was then removed to the residence of his 
mother, the said Maria Steele, on Kemble 
street, where the defendant called to see 
him the next day. 
The injury was a very serious one, and 
one of the most difficult in surgery to 
manage. When defendant called, as just 
stated, at the mother’s residence, he ex- 
plained to her and to the boy himself the 
difficulty of the case, and told them he 
would have nothing further to do with it 
except upon their responsibility, he (the 
defendant) not being liable for the result. 
Both the mother and son assented to this, 
and urged the defendant to undertake the 
case. The mother at the same time stated 
that she was poor and unable to make the 
defendant any compensation for his servi- 
ces, and he agreed to manage the case 
gratuitously. He has never made any 
charge for his services, and never received 
or expected to receive any compensation 
therefor. When said Hunter first called 
upon him he made no offer or agreement 
to recompense him, but simply acted as 
any third person would have done in such 
an emergency in sending for a physician. 
Defendant treated the case for some eight 
or nine months. He denies that there was 
any negligence on his part, or any injury 
to the patient arising from negligence or 
unskillfulness. 
On the contrary the defendant succeeded 
better with the case than he expected, and 
than the most skillful surgeon could have 
expected to do. The bone was healed, 
the bandages were removed, and the de- 
fendant was treating it merely to remove 
the stiffness of the joint, at which time 
the tendons commenced contracting, pro- 
ducing the deformity complained of in the 
petition. This was some ten months after 
the injury was received. This contraction 
resulted from the injury to the nerves and 
tendons at the time of the fracture, and 
was not in the slightest degree owing to 
the manner of treatment. Such contrac- 
tion frequently ensues in case of injuries 
of this kind as well as of other descrip- 
tions, and cannot be either anticipated 
with any certainty, or guarded against. 
The deformity could be removed by a sim- 
ple surgical operation. Defendant states 
that he was not in any manner in fault in 
causing the injury complained of, and 
therefore prays judgment. 
Ketchum & Headington, 
Atty's for Defendant. 
State of Ohio, 
Hamilton Co. 
SS. 
Robert S. Newton being sworn, says that 
he believes the statements of the foregoing 
answer to be true. R. S. Newton. 
Subscribed in my presence, and sworn 
to before me, by Robert S. Newton, this 
9th day of August, 1856. 
Wm. Kirk, N. P., 
in and for Hamilton Co. 
SEAL. 
The boy, Charles M. Steele, appears to 
be about fourteen years of age, with a fair 
constitution of the sanguine lymphatic 
class. As he appeared in court there was 
nothing remarkable about him, except his 
left arm, and this would not have been no- 
ticed, unless attention had been called to 
it. The cuff of the coat sleeve hid very 
nearly the hand, which, if seen, would 
hardly have fixed attention, as the con- 
traction of the fingers was not so great as 
to close the hand more than is customary 
with those who walk with the hands swing- 
ing by the side. When stripped for in- 
spection it was found that the motion of 
the elbow joint was as perfect as in the 
sound arm. There was a visible decrease 
in the muscles of the fore arm, and partial 
contraction of the fingers. He stated that 
the sensibility of the arm was impaired so 
much that he sometimes scratched his 
hand so as to make it bleed without being 
aware of the injury. The arm was minutely 
examined by several surgeons, who had 
been summoned, as experts, to testify in 
the case. We proceed to an exhibition 
of the evidence in the case. CASE OE ALLEGED MAL-EKAOT1CE. 
5 
Charles M. Steele called—Testifies that 
he is the boy who fell from a window of the 
stable of the “Methodist Book Concern,” 
on the 22d day of September, 1854. Pre- 
vious to the fall, his arm was as perfect as 
the other, but it was broken in his fall 
from the window. He fell out head fore- 
most, and caught on his hands. He was 
taken up by Mr. Hunter, who also worked 
in the Book Concern, and conducted to 
Mr. Hunter’s boarding house on College 
street. He walked from the place of the 
accident (corner of Eighth and Main sts ) 
to the boarding house on College street, 
Mr. Hunter holding his arm. Mr. Hunter 
called in Dr. Newton, who proceeded to 
set the arm in the presence of Hunter, 
Faral and Laws. It wa3 about half-past 
one o’clock when Dr. Newton dressed it. 
Skin of the arm was not broken when Dr. 
Newton first set it on College street. The 
arm was set and bandaged, then a splint 
was put on the inside of the arm, and the 
arm was flexed to an angle of 45°. He 
heard nothing of Dr. Newton treating him 
as a charity patient, and recollects nothing 
being said of compensation in his presence. 
He was removed to his mother’s house on 
Kemble street, where he was visited by 
Dr. Newton next morning. His arm was 
then paiuful, and swollen, and red, and the 
hand was purple. At this time there had 
been no attempt to keep the palm and fin- 
gers straightened to a parallel with the 
arm. The splint came only to the wrist, 
and blisters had risen over nearly the en- 
tire surface of the arm before the Doctor 
came next morning. Dr. Newton dressed 
his arm on the morning of the 23d Sep- 
tember, at his mother’s house, where he 
came daily for several days, and was punc- 
tual in his attendance for one and a half or 
two weeks. Dr. Newton told him how to 
treat it, and he followed the directions. 
His mother also heard the directions, and 
nursed him while he needed attention. 
He heard nothing said of compensation, at 
his mother’s house or elsewhere. His 
mother was able to pay. Says he can use 
his arm a little, but not for heavy work. 
At the time of the accident he was em- 
ployed as a paper folder in the Methodist 
Book Concern; he has since been engaged 
as a runner in Mr. Jones’ store on Fourth 
street. Dr. Newton also treated his arm 
at his (Newton’s) office, and completed it 
at the Clinical Institute, corner of Sixth 
and John streets. [This is the hospital 
department of the Eclectic Medical Insti- 
tute.] Witness says he attended this in- 
stitution twice a week for a few weeks, 
then once a week for some months. He 
went to Dr. Newton’s office on one occa- 
sion, and the Doctor told him to come 
next day and have it dressed. He went 
on the next day, which was Sunday, but 
did not find the Doctor in, and went again 
on Monday, when he was sent to the Clinic, 
where it was dressed by the attendants. 
It was then offensive to the sense of smell, 
and had been when Dr. Newton put him 
off, though he had neglected to tell the 
Doctor that it was in such a condition. 
Cross-examined.—Says he fell from first 
window of the stable, of about five feet ele- 
vation. He walked about three squares to 
the place of dressing on College street. He 
was playing in the stable, and jumped or 
fell out. His arm was bent back, but he 
could not tell how it was broken. The 
place he was conveyed to was on College 
street, between Sixth and Seventh streets, 
about half a square from Dr. Newton’s 
office. He walked, and Mr. Hunter held 
his arm. The Doctor came to dress it 
about one hour after the accident; before 
he came, the sleeve had not been stripped 
off. The arm was then straight, but very 
painful—could not say whether he could 
hold it in a bent position or not. The Doc- 
tor pulled it when he began to set it, and 
when he tried to bend it, it was very pain- 
ful. He did not feel the end of the bone. 
Mr. Hunter held his arm while the Doctor 
was dressing it, and he remembers having 
heard the Doctor tell Hunter that it was a 
bad break. He was crying when Dr. New- 
ton came in, but does not know whether it 
was from pain or fear. When Dr. Newton 
first came in, he had no instruments; he 6 
CASE OF ALLEGED MAL-PEACTICE. 
set the arm, laid it on his (Charles’) breast, 
and then went to his office after a splint 
and bandage, when he completed the set- 
ting. The Doctor set it before he went 
away to his office for instruments, by pla- 
cing it in the right position. Dr. Newton 
told him it would soon get well, but told 
Mr. Hunter it was a bad fracture. Called 
to see me on Kemble street next morning, 
and continued to dress it for six or seven 
weeks. For a wreek and a half, he came 
every day or two; he came three days con- 
secutively, then every alternate day. The 
splints he used did not keep the hand 
straight. Four or five weeks after the arm 
was broken, the splint was put on the out- 
side of the arm. Said he complained to 
the Doctor that the bandage was too tight, 
and hurting him, but the Doctor refused 
to loosen it, and told him it must be tight. 
First he saw of blisters was on the morning 
of the 23d September. He did not know 
whether it was swelled or not when it wras 
first dressed, but it was inflamed from the 
elbow down on the next morning, and also 
blistered. Did not hear the Doctor speak 
of continuing or discontinuing the case, but 
he recollects hearing him tell his mother 
that it was a dangerous fracture. The 
Doctor never refused the responsibility of 
the case. The sores remained on the arm 
for four or five weeks; when the splints 
were removed, the sores had scabs on them, 
which were dressed by the Doctor for two 
or three weeks. Went to the office to have 
his arm dressed two or three times a week 
for two or three weeks. The arm was 
dressed only a short time at the Clinic— 
perhaps two or three weeks before the 
splint w'as removed. He thinks the bone 
was broken above the elbow, not below. 
Sensation tolerably good, vthough not so 
good as before the fracture. Dr. N. treated 
his arm two or three weeks after the splint 
was removed. The Doctor also gave him 
a liniment to rub it with, and told him to 
work the elbow joint daily. At first he 
could not straighten his arm, but it gradu- 
ally improved. The stiffness of the fingers 
was first observed some six or seven weeks 
after the occurrence of the injury, or when 
the splint was removed. In January, 1855. 
Dr. Latta took charge of the case, treating 
it at his office twice a week for a long time. 
Dr. Latta replaced the splints, and straight- 
ened the hand, but had to desist, as it re- 
induced the sores. Dr. Latta straightened 
the first joint of the fingers a little, but not 
the second. The sores on the hand were 
not like those on the arm. The hand was 
very red, but white and sore where the 
splints came in contact with it. The offen- 
sive odor, when first noticed, continued 
three or four days, and on the second occa- 
sion, from Sunday until Tuesday. The 
sores commenced drying up before Dr. 
Newton removed the splint. The Doctor 
cut the blisters open, but they came out 
again; and, to cure them, the Doctor gave 
him an ointment. 
John H. Faral, called.—Testifies that 
he knows the boy, Charles M. Steele, and 
saw him on the day he broke his arm. He 
was present when Dr. Newton set it. 
When the Doctor came in the boy was 
lying on the bed, but was not crying, 
though he was in some pain. Hunter is a 
printer whom he knows by sight. Doctor 
Newton said it was a bad fracture, but I 
heard nothing said of its being a charity 
case. The Doctor had a splint when he 
came in, though I think he had been in, 
before I came. He saw Charley frequently 
afterwards; does not know where Hun- 
ter is. 
Cross-examined.—Do not know certainly 
whether Doctor Newton had been there be- 
fore or not. but thinks he had been there. 
It took the Doctor nearly half an hour to 
set and dress the arm. He remained until 
it was finished. The boy complained when 
the Doctor moved the arm. Mr. Hunter 
was there when I arrived, and remained 
till after 1 left. 
Mrs. Maria Steele, called. — Testifies 
that she is the mother of the boy who 
had his arm broken at the Methodist 
Book Concern, on the 22d of September, 
1854. Dr. Newton treated him at her 
house for a week and a half. Charley 
then went to Dr. Newton’s office. She 
never saw Dr. Newton before he came CASE OF ALLEGED MAL-PEACTICE. 
7 
to her house on the morning of the 23d 
September. He told her it was a bad 
fracture, and must be treated with care. 
He said it would require three or four 
weeks to effect a cure. The boy was 
very careful and followed the directions. 
Nothing was said of compensation at any 
time; she was able and prepared to pay 
the bill, and had always expected to do 
so. She noticed several large blisters on 
his hand next morning. The splint came 
only to the wrist, extending back to, and 
above, the elbow; the hand, however, was 
included in the bandage. The hand hung 
down. The Doctor afterwards put on an- 
other splint. The arm at times was of- 
fensive, and I told him to go to Dr. New- 
ton’s office and get it dressed, as he was 
able to walk about. The arm became 
offensive about one and a half weeks af- 
ter it was first dressed. During the first 
week the Doctor came Saturday, Sunday 
and Monday, but cannot say whether he 
came regularly or not after that. 
Cross-examined.—The Doctor came to 
my house on the morning after the accident, 
having Dr. Freeman with him. They re- 
mained about half an hour, dressing the 
arm; during their stay they did not con- 
verse with her. The Doctor said it was 
a bad fracture, and that it would require 
three or four weeks to effect a cure, or to 
knit. We had no other conversation. Dr. 
Newton did not say that he would hold 
the arm until I could send for another 
physician. She did not depend on Char- 
ley for a support; never sqid so. She did 
not remember telling Dr. Newton to do 
the best he could. She had constantly 
noticed the condition of the hand, and 
that it was hanging down, but could not 
say when the stiffness began. Noticed that 
the hand was cold; [here witness was 
much confused, ] felt his hand after the 
bandage was removed, hut can’t say how 
long after. The fingers were worse then 
than now. They became more sensible 
after he went to Dr. Latta, hut thinks they 
have relapsed into their former condition 
of insensibility. 
Re-examined.—Dr. Newton never asked 
me to get another or consulting physician. 
He brought Dr. Freeman and Dr. Latta to 
see the patient of his own accord. 
Prof. R. I). Mussey called.—Testified that 
he had practiced medicine and surgery 
more than fifty years. He had examined 
the boy’s arm and found it withered, and 
the general sensibility much impaired—re- 
sults arising from diminished innenation. 
He should infer that the blood-vessels had 
been too much constricted by the bandages, 
thus obstructing the proper circulation of 
the blood in the limb. Cannot say that 
this was positively the case. These results 
might have been induced by injury to the 
median nerve, but thinks the circulation 
was obstructed, and in consequence the 
blisters appeared. Fractures in the lower 
end of the humerus are very difficult to 
treat, and for which there is a variety of 
plans. He should have kept the forearm 
flexed on the upper arm, at a right angle, 
and been careful not to dress it too tightly. 
He should use some sort of a splint, though 
he could not at present specify the exact 
kind. Some surgeons, in dressing such 
fractures, leave the hand bent, while others 
straighten it. He was of opinion that, if 
a fracture had existed in the case, it was 
probably an oblique fracture, including the 
internal condyle. The elbow joint is now 
in good condition, having its natural mo- 
tions in all directions. He has not, how- 
ever, seen similar results from such a frac- 
ture. The ulnar nerve, as well as the me- 
dian, may have been injured. 
Cross-examined.—He was not positive as 
to the direction of the fracture, nor was it 
always easy to judge so as to form a posi- 
tive opinion. All fractures of the os hu- 
meri, running into the elbow joint, are diffi- 
cult of cure. He was of the opinion that 
a permanent injury, or a degree of deform- 
ity, is sustained in a majority of cases. The 
vesications in this case may be accounted 
for by the injury done to the nerves, but 
thinks that tight bandages are oftener the 
causes of such results. Different surgeons 
adopt different plans of treatment. He CASE OF ALLEGED MAL-PEACTICE. 
8 
knew an eminent surgeon in Kentucky 
who did not use splints at all, in cases of 
fracture, but he was of the opinion that the 
best surgeons, at the present time, employ 
splints. 
He has seen cases similar to this—had 
seen a case some years ago where the fore- 
arm mortified in consequence of having 
been too tightly bandaged. Thinks that 
in this case the dressings may have been 
too tight. He was of the opinion that par- 
tial paralysis might be induced by too tight 
dressings, without gangrene necessarily en- 
suing. [Prof. Mussey here cited a case in 
which a permanently enfeebled and with- 
ered arm was caused by dressings for a 
broken collar bone, in which the arm was 
bound too tight upon a compress placed 
between it and the body; this occurred 
without vesecation or gangrene. Erysipe- 
las may follow such injuries, exhibiting 
itself in from twenty-four to seventy-two 
hours. 
Re-examined.—He was of the opinion 
that the injury in this case is permanent; 
the fingers can be straightened by an ope- 
ration, but without any special benefit to 
the boy. 
Sally Ann Massey called.—Testified that 
she knows the boy Charles Steele, and 
his mother Maria Steele. Was at Mrs. 
Steele’s house nearly every day during his 
confinement, and saw the boy, but did not 
see Dr. Freeman there. She noticed that 
the arm was in a bad condition. She 
don’t remember to have noticed the band- 
age particularly. One and a half weeks 
after the injury the hand was purple. She 
had heard the boy say it hurt him very 
much; though he did not complain of the 
bandage particularly. The odor of the 
arm was very offensive. The boy carried 
his arm in a sling, with the hand hanging 
down. He was nursed by his mother, 
who is a widow, and then lived on Kem- 
ble street. She has a little girl and a 
larger boy. She thought Mrs. Steele able 
to pay the bill, and she (Mrs. Steele,) had 
told her she was prepared to do so. 
Cross-examined.—The young man pre- 
sent is the larger one whom I refered to. 
I was at Mrs. Steele’s house a few minutes 
on the evening of the second day after 
Charles had his arm broken. 
Prof. Jesse Judkins called.—Testifies 
that he is a physician and surgeon, and has 
practiced his profession for eighteen years, 
a part of the time as a teacher of anatomy 
and physiology. He did not hear the boy 
testify, but he had examined the condition 
of the arm. If there has been a fracture 
of the arm the reparation has been most 
complete. The wasting or withering may 
be a result of muscular changes or of ner- 
vous sympathy. He was of the opinion 
that the inflammation had been very intense. 
The capillary circulation may have been 
arrested by too tight bandages, the result 
of which would have been inflammation, 
erysipelas and gangrene. When the arm 
was so very offensive, there must have 
been some degree of gangrene. The blis- 
ters showed intense inflammation. He was 
of the opinion that the arm may yet im- 
prove. The union of fractures in young 
persons may be very complete. Thinks 
that in such a fracture, the arm should be 
flexed to right angles when set. Injuries 
of the elbow joint are always attended 
with complications, the nature of which 
cannot be always easily determined. He 
could not say from the present condition, 
what had been the exact nature of the 
complications in this caso. Tight banda- 
ages tend to prevent a return of blood 
from the extremities back to the heart 
The erysipelas complained of was, in all 
probability, induced by too tight bandages. 
Gangrenous states of a part are always of- 
fensive after sloughing has commenced. 
The surgeon should see such a patient at 
intervals ranging from two days to one 
week. Thought it would be imprudent to 
send such a patient away from his office 
without examining the state of the arm. 
The nurse, however, must attend to the 
dressing. 
Cross-examined.—He thinks this patient 
was seen often enough. A simple fracture 
would require less attention. Does not 
think that the injury of the median nerve 
alone caused the difficulty here presented, CASE OF ALLEGED MAL-PK \CTICE. 
9 
though it may have been the primary 
cause; the muscles and ligaments might 
also have been injured, and thus have as- 
sisted in securing the present results. 
Thinks the bandages might have caused 
the erysipelas. When called to such a case, 
the bones must be put in position; the arm 
being flexed to right angles; the splints to 
be adjusted, and the bandages applied. 
The bandages can not be put on tight 
enough to paralyze, without producing 
gangrene. The median nerve at this point, 
(entrance of the end of the fractured bone 
in its downward descent,) is deeply seated. 
The offensive odor of such cases may pre- 
cede true gangrene. It will, however, be 
recognized as the peculiar odor accompa- 
nying erysipelas, and which is unlike that 
of gangrene. Simple vesication would give 
both a discharge and an odor. The diffi- 
culty of effecting a cure in such a case will 
depend on the amount of the tissues which 
have been destroyed or injured. He thought 
that a majority of fractures of the elbow 
joint were completely cured. He could 
not say whether, in this case, it was the 
muscles or nerves that were injured, but 
thinks the muscles sustained most damage. 
When elbow-joint fractures are complica- 
ted, then he thought that a majority were 
not cured completely. Thinks that the 
end of the fractured bone was here thrust 
forward into the tissues of the anterior su- 
perior forearm. 
Prof. T. Wood, called.—Testified that he 
was a practicing surgeon, and now holds a 
professorship of anatomy. He had heard 
a part of the boy’s testimony. He thinks 
the present condition of the arm is the re- 
sult of bandages too tightly applied. He 
could not discover evidence of there having 
been a fracture, and if there had been, he 
had never met with a case where the cure 
was so perfect as in this case. The medi- 
an nerve did not supply all the fingers. He 
had never met with sucli a result as this, 
except it had arisen from bandages too 
tightly applied. He never knew erysipe- 
las to occur as the result of such injuries, 
where no external opening had been made 
at the seat of the fracture. Gangrene may, 
and sometimes does, occur without ery- 
sipelas. In this case, he thinks there has 
been extensive inflammation, and that the 
muscles have grown together. He was in 
the habit of examining similar cases once 
in every twenty-four hours, to see that all 
things were well, for a period of one week. 
He thought the purple color of the hand 
arose from compression; the blistering 
being one of the first results of such com- 
pression. He uses for such fractures the 
angular splints, but paste-boards may be 
used. He always steadied the hand in 
dressing, and generally leaves it straight 
The contractions in this arm do not result 
as a necessity from tight bandages. The 
contractions usually come on after the 
parts have been healed up. The chief rea- 
son for preferring long splints is to prevent 
motion of the parts. He had never seen 
blisters occur unaccompanied by compres- 
sion. He had seen two similar cases the 
past summer. He thought that before the 
muscles of the forearm could be materially 
injured by the end of the bone, the artery 
would have been cut off. Erysipelas may 
occur from very slight wounds; often a 
simple scratch of a pin on the arm will in- 
duce it; so, too, may fracture and tight 
bandages. Short splints only serve to keep 
the parts together. Paralysis may be 
induced without gangrene, provided the 
pressure be continued for a great length of 
time. No injuries of the elbow joint are 
so completely cured as to leave no trace of 
them. He did not find satisfactory evi- 
dence that the bone had been broken. He 
had known wasting of the arm to occur 
where the bone had sustained no injury. 
Paralysis generally results from injury to 
the nervous centers. 
Prof. G. C. Blackman called.—Testifies 
that he is the Professor of Surgery in the 
Ohio Medical College, and Surgeon to the 
Commercial Hospital. He had both ex- 
amined the boy’s arm and heard his state- 
ment, but from those sources had formed 
no positive opinion. The paralysis may 
be the result of the shock sustained at the 10 
CASE OF ALLEGED MAL-PEACTICE. 
time of the accident, or it may be the 
result of too tight bandaging, or from 
having retained the arm too long in one 
position. The blisters common to such 
fractures may follow in less than 24 hours 
where there is no dressing, and may be 
the result of the violence done to the soft 
parts at the time of the injury. If erysipelas 
was, at the time, epidemic, it would almost 
certainly follow as one of the phases of such 
a case as the one under consideration, or 
even a less injury. He had no positive 
proof that the arm had been fractured, 
but he thought there had been a fracture 
of the humerus involving the inner con- 
dyle and injuring the ulnar nerve. These 
are bad fractures, and their true char- 
acter is difficult to detect. He thought 
the ends of the bones should have been 
put together immediately, inflammation 
or not. He had seen discolorations of 
soft parts where the ends of the bones 
had done violence to the soft tissues. 
The bandages in such oblique fractures 
must be tied rather tightly, and the sur- 
geon in setting the arm may use either the 
wooden splints or pasteboards. In setting 
the arm he prefers to steady the hand. He 
had known mortification occur in 24 hours 
from tight bandages. The blisters may have 
been the result of such bandages; he 
would not attach much importance to 
the tightness of the bandage, unless tight 
enough to induce excessive inflammation. 
It was not customary to change the band- 
ages oftener than once in twenty-four hours. 
Cross-examined.— He thought the tis- 
sues of the joint had been injured, and the 
results in this case may depend on such 
injury, and not on tight bandages. Chil- 
dren are very apt to complain of the 
tightness of the bandage, even when it is 
not too tight—could not say that the ban- 
dages in the case of this boy had been too 
tight; the symptoms of the case do not 
prove that they were too tight. The 
paralysis and wasting may depend 
on other causes, and he was not wil- 
ling to say that such had not been the 
case. In such fractures it is a very com- 
mon result to have impaired motion. The 
experience of the oldest and ablest 
surgeons in both Europe and America 
show this to be the case. Professor 
Hamilton, of Buffalo, shows that a ma- 
jority of such cases are attended with per- 
manent injury of some sort, and all au- 
thors on the subject testify that an im- 
paired condition results in a large majority, 
if not in all cases. He thinks that there 
was enough care shown by the surgeon in 
the treatment of this case. Conditions 
might arise which would cause him to re- 
move the bandages entirely, as severe pain, 
inflammation, &c. The fracture should 
be kept in situ by bandages if possible, 
as the redisplacement of the ends would 
cause danger to the arm, for the point of 
the bone would be again thrust down into 
the soft parts, and get up a worse condition 
than ever. 
Re-examined.—He had seen several cases 
similar to this, and these too had been 
under the care of the best surgeons. In- 
deed, he had some in his own practice. 
He considered the repair in this case very 
perfect; he considered it a fine sample of 
union, and he had seen greater paralysis 
arise from less injuries. 
Dr. W. S. Latta called.—Testifies that 
he is acquainted with Charles M. Steele. 
He had seen the boy while under the treat- 
ment of Dr. R S. Newton; first time, 
within three or four days after the acci- 
dent. He visited the patient in company 
with Dr. Newton, and in doing so he had 
no other motive than to see the case, as 
Dr. Newton had represented it as one of 
peculiar interest. The arm was dressed 
by Dr. Newton in his presence. He had 
noticed that it was covered with vesicles, 
some of which had broken, and others 
were punctured by Dr. Newton. He had 
assisted to dress the arm but did not ex- 
amine the joint particularly. The ends of 
the fractured bone seemed to be in appo- 
sition. He noticed no appearance of gan- 
grene. There was nothing very peculiar 
about the forearm except the blisters. He 
did not remember to have seen any mark- 
ed discoloration. Since then he had seen CASE OF ALLEGED MAL-PEACTICE. 
11 
the boy frequently, and heard both him 
and his mother say the arm was paralyzed. 
When he first heard this remark, the boy 
was attending Newton’s Clinic Institue to 
have it treated. Patient was then turned 
over to him, and to arouse the vitality of 
the arm he had tried electricity. The sen- 
sibility was very much restored at the end 
of two weeks after he had begun to treat 
him, at the end of which time he under- 
took to straighten the fingers, but had to 
desist in consequence of the re-appearance 
of the erysipelas. He had applied the 
splint to straighten the fingers. He had 
bandaged the hand rather tightly, but 
from the nature of its application there 
was no interruption of the circulation. 
He observed the erysipelas within two or 
three days after he applied the splint and 
bandage. He thought there was a tenden- 
cy to erysipelas in the arm at the time. 
He did not make immoderate pressure, 
yet the erysipelas was induced. 
Cross-examined.—He had been practic- 
ing medicine three years. The blisters 
which appeared when the patient was be- 
ing treated by him, were the same as those 
he had observed when the boy was under 
Dr. Newton’s treatment. 
Prof. 11. S. Newton called.—Testified 
that he had been a practicing surgeon since 
1841—fifteen years. Was now a Professor 
in the Electic Medical Institute, and sur- 
geon to Newton’s Clinic Institute. On the 
day set forth in the declaration, he was 
called by Mr. Hunter, and found the boy, 
Charles M. Steele, with his arm broken. 
He thought it a bad fracture, and asked 
Mr. Hunter who had sent for him. Mr. 
Hunter replied that he had come of his 
own accord, as he worked in the same of- 
fice with the boy. He then told Mr. Hun- 
ter that he would rather not take the case. 
On examination he had found the humerus 
broken off' obliquely, the end of the bone 
driven drown into the hollow of the arm; 
the boy, at the same time, suffering very 
much. He could distinctly feel the end of 
the bone. The arm could not be straight- 
ened. He had experienced but little diffi- 
culty in setting it, but it was not so easy to 
keep it in proper position, there being a 
constant tendency to slip down; hence, to 
prevent this, the bandages had to he appli- 
ed firmly. The arm was much swollen at 
the joint, and all the bloodvessels of the 
arm seemed to be engorged, though not 
more than an hour had elapsed since the 
accident. The boy was crying when he 
went in, and exhibited more suffering than 
from a simple fracture. In such cases, 
most of the pain arises from injuries to 
the muscles, though some of the pain is 
to be attributed to the fractured bone it- 
self. He first drew the point of the bones 
together and then bandaged the arm from 
the hand up, afterwards applying the 
splints, leaving the arm flexed to right 
angles. The splints are applied to pre- 
vent rotary motion. In this case more 
pressure was needed than in a simple 
transverse fracture, on account of its ob- 
liquity. The bandage was not tighter 
than he thought necessary. He had re- 
marked to the boy, and those present at 
the time it was set, that the arm might be 
ancliylosed, or that mortification might 
supervene. He had completed the dress- 
ing by 2 o’clock P .M. He visited the pa- 
tient the following morning at 10 o’clock 
A. M., in company with Prof. Z. Free- 
man. The boy then said his arm was 
hurting him, and Dr. Freeman examined 
the bandage to see if it was too tight. On 
the removal of the dressings his arm wjas 
seen to be blistered. He then said to Mrs. 
Steele that it was a bad fracture, and that 
he would hold the arm until she could get 
her family physician or another surgeon, 
unless she would assume the responsibility 
of the case. She told him to go on and do 
the best he could. He had explained to 
her the dangers of such a fracture. A 
part of the arm and the hand was of a 
darkish red, but there were no indications 
of gangrene. After puncturing several of 
the blisters, he re-applied the bandages, 
and then put on two splints; one on the in- 
side, and one on the outside of the arm. 
The bandage extended from the end of the 
fingers above the fracture, the hand being 
bandaged straight. One of the splints 12 
CASE OF ALLEGED MAL-PRACTICE. 
was removed in a few days. When the 
long wooden joint splint was off' of the in- 
side he had an elastic splint on in its place, 
and a long wooden one on the outside. 
He had kept the fingers extended most of 
the time. The boy had never complained 
to him that the bandages were too tight. 
He treated the blisters with water dress- 
ings, and continued the splints four weeks 
or longer. The arm became offensive 
about one week after the accident. He 
had attended the boy at his mother’s house 
on Kemble street about four weeks. The 
boy then came to his office a few times, 
but the arm did not then require much 
dressing. He had given an unusual 
amount of attention to the case. The 
contraction of the fingers began at the end 
of four weeks, but he had noticed such a 
tendency at the end of three weeks. 
Cross-Examined.—He had never seen a 
more perfect cure, yet he never had a re- 
sult like this. He did not believe a perfect 
cure had been reported of such a fracture, 
nor did he know of a result like this. He 
had taken the boy to the Clinic to exhibit 
his case, having had him under treatment 
altogether about seven months. He had 
never learned who the family physician of 
Mrs. Steele was, or that she had any. He 
had treated the case as a charity patient, 
never having made a charge against Mrs. 
Steele on his books. 
Prof. A. H. Baker called.—Testified that 
he had been engaged in the practice of 
surgery for twenty-six years, and for 
seven years he had been a teacher, and 
was now Professor of Surgery in the Cin- 
cinnati College of Medicine and Surgery. 
He had known nothing of this case until 
to-day. The erysipelas spoken of was a 
result of inflammation, and that had been 
induced by injury done to the soft tissues. 
Thinks the ends of the bones had caused 
the inflammation. Inflammation gives 
rise to eleven or twelve products, (some of 
wrhicli the Professor here enumerated). 
He had known injuries of this kind, and 
now has a case which may result in paral- 
ysis. Erysipelas might follow such an 
injury in from ten to twenty-four hours. 
In the majority of cases of this kind we 
have either total or partial anchylosis of 
of the joint. He could not now speak 
with certainty of the character of this 
fracture, as the indications of the fracture 
in such a young patient may be so com- 
pletely removed in eighteen months or two 
years that no mortal man can detect it 
Doctor Newton stated that when he band- 
aged the arm he commenced at the tips of 
the fingers and continued it up above the 
point of fracture. The first he considered the 
most important bandage. Doctor Mott 
takes the position that a bandage cannot 
be applied too tight, provided it is not so 
tight as to produce mortification. The 
practice of Doctor Newton in this case 
was proper, and such as would have been 
followed by any judicious surgeon. The 
object of the bandage in such cases is, 
first, to make equal pressure, and secondly, 
to keep the parts in proper position. The 
splints are afterwards applied to prevent 
displacement. The Doctor’s application 
of the splints and bandages was in accor- 
dance with the rules laid down for banda- 
ging. The fracture was an oblique one, 
and one that it is difficult to retain in its 
proper position. If the bones cannot be 
retained in their proper place, in a com- 
pound fracture, it would be best not to band- 
age until the inflammation is reduced, If 
the sharp end of bone was allowed to re-slip 
into the soft tissues, injury and inflamma- 
tory action would ensue. He should in 
all such cases adjust the fracture at once. 
This was a complicated fracture, and nota 
compound fracture. Doctor Newton gave 
the case more attention than is usually 
given to fractures, and he considered that 
he was diligent in his attentions. 
Cross-Examined.—The object of the 
bandage is, primarily to keep the parts in 
juxtaposition. In his experience of such 
fractures he had commonly found both the 
median and ulnar nerves more or less in- 
jured. Fractures of the upper arm occur 
mostly in the os humerus: bones of the 
fore arm much oftener broken in fractures 
of the superior extremities. In his 
practice the fractures of the fore arm were CASE OF ALLEGED MAL-PKACTICE. 
13 
more than double those above the elbow. 
He had seen a fracture very much like this. 
In this case the fracture was outside of 
the capsular ligaments. He had been in 
the practice of his profession in Cincinnati 
more than ten years, and had during that 
time treated many fractures of the arm. 
He had also had cases attended with ery- 
sipelatous inflammation in the fore arm. 
It would depend on the character of the 
erysipelas to enable him to say whether 
he would remove the bandages or not. 
There are forms of erysipelas which he 
would treat with bandages. He had not 
heard Professor Blackman’s testimony. 
Blisters are not always evidence of erysip- 
elas, but they always proceed from inflam- 
mation, and they may result from internal 
or external inflammation. He thought 
that where the bandage was well applied 
it would prevent congestion rather than 
promote it; in this opinion he might differ 
from other surgeons. In erysipelas the 
vesicles may take any direction; they are 
apt, however, to follow the outlines of 
bruises or pressure. Erysipelatous in- 
flammation may appear in twenty-four 
hours. Generally where it appears, disap- 
pears, and then reappears it is caused by 
some peculiar diathesis of the system. 
Whether erysipelas can be induced in the 
system by bandaging or not is a question 
admitting of much discussion. The 
contraction of the flexor muscles would 
depend on various circumstances, ex- 
tended over a considerable space of 
time. In this case there is some relief 
to the contraction by flexing the hand on 
the shoulder. The arm does not go back 
quite as much as the sound one. He had 
met with cases similar to this where the 
condyles were included, but he had not 
met with a case exactly like this in all 
respects. He had seen cases of oblique 
fracture where the union was as perfect as 
in this instance. The union is often so 
perfect that the fracture is to be detected 
only by post mortem examination. Noth- 
ing but the vigilance said to have been 
practiced by Doctor Newton could have 
retained the parts in proper position. In 
a case like this where the broken bones 
had been thrust down into the soft parts, 
the injury would be such as to make a 
perfect cure very difficult. No serious 
difficulty would result from the postpone- 
ment of the dressings one day, three or 
four weeks after the accident. The post- 
ponement of any dressing at any time 
would not have produced such serious re- 
sults as are here presented. The blood 
vessel at the point of injury is a firm tex- 
ture, and would not be so easily injured as 
the median nerve by the same violence. 
Prof. Z. Freeman called.—Testified that 
he had been engaged in the practice of 
medicine and surgery for the past eight 
years, and is now Professor of Surgery in 
the Eclectic Medical Institute. He saw 
Charles Steele and his mother the next 
morning after the accident, at Mrs. Steele’s 
residence on Kemble street, in company 
with Dr. Newton. He was introduced to 
the boy and his mother by Dr. N. The 
boy seemed to be in some pain. Upon ex- 
amination he found the arm somewhat 
blistered, with blisters between the fingers. 
The hand was of a light purple color; the 
arm had a similar appearance to the hand 
after the bandage was unrolled; there were 
some blisters on the arm. The bandage 
was not, in his judgment, too tight. The 
elbow was rather of a purple color, which 
he thought a natural consequence, when 
told by Dr. Newton that the fi’acture was 
an oblique one of the lower end of the hu- 
merus, the rough end of which had been 
thrust down into the soft tissues. The 
bandage had been commenced at the tips 
of the fingers, and evenly rolled upwards, 
making an even pressure over the entire 
surface. He had examined the condyles, 
but had found no fracture—the fracture 
being above the condyles. He was perfectly 
satisfied as to the true character of the 
fracture. Mrs. Steele was weeping so much 
at the time, that he could not but sympa- 
thize with her. She said she depended 
somewhat on Charley for her maintenance. 
It was after the bandage had been removed 
that Dr. Newton proposed to hold the arm 
until Mrs. Steele could get another eur- 14 
CASE OF ALLEGED MAL-PRACTICE. 
geon, or her family physician, to treat the 
case. She declined calling in any other 
physician, and both her and the boy re- 
quested Dr. Newton to go on and treat the 
case. The bandage was then applied over 
the arm and around the splints, which 
served to keep the arm in a proper and 
easy position. After this visit, he did not 
see the boy again until he was presented 
at the Clinic. It then had a different splint 
on. The bandage, when re-applied at the 
time of his first visit, was not put on so 
tight as the first one, because the arm was 
somewhat swollen, and both he and Dr. 
Newton were of the opinion that the swell- 
ing might be somewhat increased. When 
the boy was first presented at the Clinic, 
the elbow joint was stiff, and the arm pre- 
sented a red and smooth appearance, and 
the fingers were slightly contracted. The 
sores on the arm were old sores, but others 
came out during the time of his attend- 
ance. To remove these sores the mild zinc 
ointment was applied. He had noticed 
the bandages on the arm when the boy 
first came to the Clinic, and he considered 
them quite sufficient. He sometimes 
dressed the arm himself during the boy’s 
attendance. In order to keep the parts in 
proper position, it is necessary to keep the 
bandages tight, and the more so if it is an 
oblique fracture; the ends of the fractured 
hones in such a case being more easily dis- 
placed, than in a simple transverse frac- 
ture. He had been informed of the char- 
acter of the fracture, in the first instance, 
by Dr. Newton, and then he examined it for 
himself He was satisfied that, it was an 
oblique fracture of the humerus above the 
condyles. There was some swelling at the 
elbow joint, but no echymose appearance. 
It is not common, though sometimes the 
case, for erysipelas to present itself in cases 
of fracture. The blisters in this case were, 
in his opinion, the result of the attending 
erysipelas. Blisters might, however, be 
produced by inflammation of the skin. 
The present contracted condition of the 
fingers may have been produced by injury 
to the median nerve. The nerve being in- 
jured, would cease to perform its natural 
functions, and there would not be furnished 
to the flexor muscles the necessary amount 
of vitality. 
Dr. James L. Van Ingen intruded him- 
self as a witness or expert, but he exhibited 
such a marked ignorance of surgery and 
surgical science, that his contradictory tes- 
timony is dispensed with—he evidently 
having had a purpose to subserve by testi- 
fying in the case. 
The testimony being closed, the case 
was argued for the plaintiff by Judge John- 
son and Messrs. Riddle and Gosliorn, on 
the third day, and for the defense on the 
fourth day, by Mr. Ileadington and Judge 
Hoadly. The reporter begs to call atten- 
tion to a few of the points argued by the 
latter gentlemen. 
Mr. ITeadington spoke of the embarrass- 
ment of the case, and said that if it was a 
mere question of surgical practice, he 
should despair of throwing any light upon 
the subject. And while the medical ques- 
tion might be difficult, the legal question 
was exceedingly simple and plain ; and by 
properly understanding it, the jury might 
avoid the necessity of pursuing the surgi- 
cal question, which, if made ever so clear 
to surgeons, could only involve the legal 
question, as presented to the court, in mazes 
of uncertainty. To sum up the positions, 
they may thus be stated: 
1. What is the responsibility assumed 
by a physician or surgeon in taking charge 
of a case ? Ife does not undertake to effect 
a cure, in the same sense that a lawyer 
may undertake to gain a case for a client. 
If the law was so unreasonable as to re- 
quire this, it would deter competent per- 
sons from practicing, and only the reckless 
and unskillful, who could not see the dan- 
ger, would engage in the practice of the 
medical profession. It would prevent that 
kind of practice which consists in a choice 
of two evils. 
2. The law requires the surgeon to pos- 
sess ordinary skill, to be determined by the 
treatment of the particular case in hand,and 
3. To exercise ordinary care and dili- 
gence in attending upon and treating the 
case; and therefore, CASE OF ALLEGED MAL-PEACTICE. 
15 
4. In order to make out a case, entitling 
a plaintiff to recover against a physician, 
he must show: 
That in some respect, which he must 
be able to point out, his treatment was 
such, that a majority of physicians of ordi- 
nary skill would, at the time, have pro- 
nounced it improper, (not that they may 
see afterward that it was so,) or that he 
did not bestow that amount of attention 
and care upon the case, which a majority 
of physicians of ordinary carefulness and 
skill would have done, and he must satisfy 
the jury that from one or the other of these 
causes, and from no other, an injury ensued. 
These principles of law are so plain that 
they will relieve the jury from the main 
difficulty in the case, which is to determine 
the cause of the injury complained of. This 
involves the very difficult process of rea- 
soning from effect to cause, or vice versa, 
where the connection between them is in- 
volved in uncertainty and doubt. After 
thousands of years of advancement med- 
ical science is but an approximation to the 
truth; nothing in its results can be known 
with positive certainty. New principles 
are being continually discovered—unex- 
pected results are being constantly en- 
countered. No two cases are in all respects 
exactly alike, and the treatment must vary 
accordingly. 
The arguments of both Mr. Headington 
and Judge Hoadley were sound and con- 
vincing. The arguments having been 
closed, Judge Spencer delivered an elabo- 
rate charge to the jury, setting forth the 
rights and obligations of the respective 
parties, of which our space will not admit 
a full report. The judge remarked: 
“The action, it will be observed, is not 
founded upon any special engagement, on 
the part of the defendant, to effect a cure 
in any event, or to employ any particular 
degree of skill and care for that end, or any 
particular treatment. But it is founded on 
a general engagement to render his services 
in the case as physician and surgeon; in 
which event, the defendant was bound in 
law, to exercise ordinary care, skill, and 
attention, in effecting a cure; nothing more. 
That is, such as men of ordinary prudence, 
diligence, and intelligence, in the same 
profession, would apply in like cases. 
“To enable the plaintiff, then, to recover, 
he must establish, to your satisfaction, at 
least two propositions: 1st. That the perma- 
nent injury complained of was such as might 
have been prevented by a proper treatment 
of the case, or was the result of, or mate- 
rially contributed to by, the mode of treat- 
ment adopted by the defendant. 2d. That 
the mode of treatment resorted to was im- 
proper and unusual, accompanied by less 
skill, care, and attention, than are ordina- 
rily bestowed in like cases. 
“Testimony has been offered on the part 
of the plaintiff to show an improper ad- 
justment of splints at different times, and 
a want of opportune dressings on one or 
two occasions; but any neglect, on either 
of these accounts, is not now seriously re- 
lied upon by the plaintiff to charge defen- 
dant. The theory upon which the plain- 
tiff's case is founded, and upon which a 
recovery is expected, is, in substance, this; 
That the contraction of the fingers, and 
withering or shrinking of the plaintiff’s 
forearm, result from a weak or paralyzed 
condition of its nervas, muscles, and ten- 
dons, or some of them, brought about by a 
high degree of inflammation in the fore- 
arm, either of longer or shorter duration— 
an inflammation either superinduced or 
greatly aggravated by an improper band- 
aging of the arm, by the defendant, during 
his course of treatment, and especially on 
the first application of the bandage. The 
evidence in support of this theory consists 
first, of the statements made by the boy 
himself, corroborated by his mother and 
another witness, that on the day after the 
accident, he felt the bandages to be uncom- 
fortably tight., and so informed the defen- 
dant; that, on removing the bandages, the 
hand and arm were found to be of a pur- 
plish color, and were covered with large, 
white blisters, which, in time, became sores, 
and continued for some weeks during the 
treatment. Second, the testimony of ex- 
perts as to the indications furnished by 
these appearances, and the probable effect 
of the bandage application.” 16 
CASE OF ALLEGED MAL-PRACTICE. 
Here the Court reviewed the testimony 
of the several witnesses, on both sides of 
the case, in detail, summing up as follows: 
“Thus, it will be observed, of the plain- 
tiff’s witnesses, one (Dr. Wood) expresses 
a positive, and another (Dr. Mussey) a hes- 
itating opinion, that the inflammation 
causing the injury was occasioned by over 
tight bandaging; two (Drs. Judkins and 
Van Ingen) give no particular opinion up- 
on the subject, and the fifth (Dr. Black- 
man) declaring that from the evidence he 
can not say that the application of the 
bandages was too tight, or that the injury 
resulted from any such cause; whilst they 
all agree, in common with the defendant’s 
witnesses, that the character of the original 
injury was such, that it was sufficient of 
itself to produce the appearances indicated, 
and the unhappy consequences which fol- 
lowed; that it was exceedingly difficult of 
treatment, and,in a majority of cases, might 
be expected to terminate, in some way, un- 
favorably. On the part of the defendant, 
Dr. Baker expresses the opinion, that the 
bandaging was not too tight, the treatment 
of the case was proper, and the injury sus- 
tained the natural result of the fracture it- 
self. Dr. Freeman, who examined in per- 
son the first or original bandage, was sat- 
isfied it had been properly put on, and was 
not too tight, and approved of the second 
dressing. And the defendant himself tes- 
tifies that he applied the bandages care- 
fully, from time to time, and that, in his 
judgment, they were necessary, and not 
tighter than the case required. Among 
these respectable witness, it is not for the 
Court to intimate upon whose skill and 
judgment the greatest reliance can be 
placed; but we may with propriety say, 
that an honest opinion, founded upon a 
practical and personal observation, is much 
more likely to be accurate, than one found- 
ed upon speculation and the observation 
of others. It is due to the professional 
man, who has treated a case, in other re- 
spects fairly and attentively, that a candid 
and favorable consideration should be giv- 
en to the judgment which he may form of 
his duty during the progress of that case; 
otherwise no physician or surgeon would 
dare to undertake, or be safe in the per- 
formance of his undertaking. In a case 
otherwise doubtful, this consideration alone 
should preponderate in his favor. 
“ Upon the whole, gentlemen, we declare 
that to entitle the plaintiff to a verdict, you 
must be satisfied from this evidence, that 
the injury of which he complains, was not 
the natural result of the original accident, 
but was distinctly traceable to the mode of 
treatment pursued by the defendant; in 
the adoption and continuance of which, he 
did not apply that skill and care which 
men of ordinary intelligence and prudence, 
as physicians and surgeons, would have 
applied. Should this be your conviction, 
the plaintiff must recover such damages as 
will compensate him for the injury sus- 
tained, not exceeding the amount claimed. 
Should it be otherwise, or should you not 
be able to trace the cause of this injury, or 
your minds be unable to decide from the 
evidence whether the defendant has been 
in fault, according to the rule stated, your 
verdict should be for the defendant” 
Superior Court of Cincinnati. 
Charles M. Steele, by his next friend, 
Maria Steele, plaintiff, against R. S. 
Newton, defendant. 
Action to recover damages for improper 
treatment of fracture as physician and sur- 
geon. Damages laid at $3000. 
Copy of the Verdict. —Tuesday, No- 
vember 25,1856. Court Room, No. 3, Hon. 
O. M. Spencer Judge,—And now come 
again the said parties and the said jury", 
and the said jury having heard the testi- 
mony, the arguments of counsel, and the 
charge of the Court, and having retired un- 
der the care of the Sheriff, to deliberate, 
return into court with their verdict in wri- 
ting, signed by their foreman, and say: 
“We, the jury, find the issue joined for the 
defendant.”—Journal, page 2152. 
Copy op the Judgment.—November 7, 
1856. Court Room, No. 3, Hon. O. M. 
Spencer, Judge.—“Therefore, it is consid- 
ered by the Court, that the said defendant 
go hence without day, and recover of the 
said plaintiff his costs herein taxed.” 
Costs, $53.36. 
The State of Ohio, 
Hamilton County, 
The City of Cincinnati, 
set. 
The Superior 
Court of Cin'ti, 
I, Thomas Spooner, Clerk of the said 
court, do certify that the foregoing tran- 
script contains a true copy of the verdict 
and judgment, rendered in said court at the 
November term, A. D. 1856, in the cause 
therein stated, as appears from the journal 
of said court in my office. 
Witness my hand and the seal 
of said court, at Cincinnati, this 
16th day of December, A. D. 1856. 
L. S. 
Thos Spooner, Clerk, 
Per E. P. Cranch, Deputy.