Forrester against Clayton Tiffin, on a charge of negligence and unskilfulness in his practice as a physician and surgeon, in setting and curing the leg of the plaintiff, which had been fractured.

It does not follow as a legal inference, that because he had power to employ medical services for the passenger to whom they were liable for the negligence of their servants, that therefore they had given him authority to employ a

physician for the other, who may have been the cause of the disaster.

We think it is satisfactorily shown that the slave was affected with a chronic complaint at the date of the sale, of -which he subsequently died, .without the fault or negligence of ¡the owner.

Some importance has been attached to the fact, that several o,f ¡the physicians declare that the disease was not incurable in its nature, and might have been overcome if timely medical aid had beep called in, and that, in fhe present

The second charged, that Rice, acting as a physician, the body of the said Mary Keithley, feloniously and ignorantly, and with culpable negligence, did steam, the said Mary Keithley then being in a state of pregnancy, in consequence

Brown, Id. 96 , where he held that an action would not lie against a barrister for gross negligence in conducting the cause of his client.

This rule of considering the services of barristers and physicians as gratuitous merely, and as not entitling them to any legal claim to compensation, is supposed to have been derived from the civil law.