ACTION AGAINST AN OCCULIST.

Nelson Evening Mail, Volume XLII, Issue XLII, 15 September 1908, Page 4

ACTION AGAINST AN OCCULIST.

CLAIM FOR DAMAGES. [United Press Association.] PALMERSTON N.. Monday. The <*a.*e of Elizabeth Damstall, of Dannevirke. versus Edward Perry, occulist. for £1000 damages for alleged wrongful treatment, and injury to the riuht eve was held before Mr Justice Chapman. Mr W. L. Fitzherbert ap- • peared for plaintiff and Mr T. Wilford ; tor the defendant. The case extended i for 12 hours, and a large quantity of J eWdence was taken. The plaintiff s claimed that she had suffered permanent j iniiirv to the eye through defendant 1 hay in c treated her by massage, and also 5 by the use of atropine. Evidence for the I plaintiff was given by Dr Reid Mac- ' kav and Dr Martin, both of whom stated that the plaintiff was suffering from rhenmaticiritis, and both of whom said tha'.- massage was the wrong troatinent for such an affection. For the defence it waa denied that massage had been applied. Drs Borgheti and O'Brien i/aye evidence, the former insisting in the face of the other medical evidence that plaintiff's trouble was duo not vi rheumatism but to a malignant dis-<-a-se. Two witnesses deposed that the plaintiff had told them that Dr Martin had prized hor to take action against " Mr Pei-rv. and agreed to back her. His Honor summed up in favour of tho defendant, and the jury returned a verdict, for the defendant, and costs wero allowed to scale, with disbursement- 1 ; and witnesses' expenses.