Suppose I employ a physician of good standing, to attend a member of my household afflicted with some infectious disorder, and by the negligence and unskillfulness of the physician the disorder spreads, am I, either legally or morally

It is averred by defendant that yellow fever is not a redhibitory vice; that not only is the disease curable, but that in this case the patient was actually cured, and through some imprudence or negligence she was taken with a relapse

It appears that her attending physician was employed by defendant, and at one time he considered her out of danger.

He also states that he could make no further effort to procure an appeal within the twenty days, because of his necessary attendance, as a physician, upon patients dangerously ill. • We think he was entitled to a certiorari.

He cannot be justly charged with negligence, under the circumstances detailed in the petition.

A physician might prescribe with great skill, when he came to see his patient, but be negligent and irregular in coming, and might not be careful enough in giving directions as to the management of the case in his absence.

In the action brought by the patient, evidence that the treatment by the physician was skillful, proper and careful, would have defeated the action.

So in this action, evidence of negligence and unskillful treatment, to an extent rendering the services valueless, would protect the defendant from a recovery.

To charge a physician or surgeon with damages, on the ground of unskilful or negligent treatment of his patient’s case, it is never enough to show that he has not treated his *475 patient in that mode, nor used those measures, which

plaintiff’s demand he compounded of skill and materials and he has greatly misconducted himself, as where an apothecary, giving medicine on his own judgment and not under the direction of a physiciau. appears to have been grossly negligent

If a physician sue for his services, evidence may be given under the general issue that he has treated the plaintiff imskillfuily; or, if a carpenter sub for his work, it may be shown that it was done badly; or if an action be brought

Among the other supposable cases, this may occur where a physician or other person, through negligence or want of skill, shall kill another, by administering poison for some medicinal or curative purpose; or it may occur where the