Grain-Mills And Flour in Classical Antiquity 2

Cover Grain-Mills And Flour in Classical Antiquity 2
Grain-Mills And Flour in Classical Antiquity 2
Moritz, L. a
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p. 161.
Digitized by Google 110 TTie Clinical Beporter.
The action was one of libel, based upon the fact that in certain testimohy given by Carroll, an allopath, when he was asked if one of the parties in interest had had another physician, he replied : '' Not as I know of. I understand he had a quack ; I would not call him a physician. I understand that Dr. White, as he is called, had been there." Dr. White, the plaintiff, a regular graduate of medicine, wa& a homcBopath. The trial court had i
...nstructed the jury that, if they found that the defendant believed his answers were pertinent and re- levant to the question at issue when the words were uttered, their verdict should be for the defendant. If, on the other hand, they found that the defendant was actuated by malice or knew that the words were not relevant and availed himself of the opportunity ta defame the plaintiff, the position of witness did not protect him.
The juiy rendered a verdict in plaintiff's favor. The appellate court affirmed the judgment The court (per Sutherland, J.) says : ** We cannot avoid talung judicial notice of the fact that homoeopathy, as^ a distinct system or school medicine, with its professors and physi- cians, medicines and formulae, treatises and schools of instruction, and with a fair share of intelligent persons for its patrons and pa- tients, has existed in, and been diffused through this state, and in and through other states and countries for some time past.'* "To call a physician, whether homoeopathic or allopathic, a quack, is in eflrect charging him with a want of the necessary knowledge and training to practice the system of medicine which he^ undertakes to practice, and which he holds himself out as having, by undertaking to practice; and I do not see why it is not just as actionable, falsely and maliciously, to call a homoeopathic physician a quack as to call an allopathic physician a quack." The case just cited is interesting further as giving what may be considered a good legal definition of the term " quack." One of our correspondents asks : " Ig the construction of the Alabama and Mississippi Boards legal?" Not knowing what it is, we cannot answer.


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