John Lizars, Esq, Surgeon, against James Syme, Esq., Surgeon, Monday, 26th July 1852 : (before the Lord Justice-General and a Jury).

  • Lizars, John, 1787?-1860.
Date:
[1852]
Catalogue details

Licence: Public Domain Mark

Credit: John Lizars, Esq, Surgeon, against James Syme, Esq., Surgeon, Monday, 26th July 1852 : (before the Lord Justice-General and a Jury). Source: Wellcome Collection.

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    * Within the last eight months, I have performed this operation 4 nine times in the Royal Infirmary of Edinburgh, in presence of 4 the largest class of surgical clinical students in her Majesty’s 4 dominions. These gentlemen can testify, that in no instance 4 has there been bleeding, extravasation of urine, or any other ‘ unpleasant consequence, and that all the patients speedily and 1 completely obtained the relief which they desired. As you say, 4 that 4 something more than the guarantee of Mr. Syme’s repu- 4 4 tation is wanting to assure the surgeon that he would be justified 4 4 in having recourse to the proposed operation/ I beg to inquire 4 if vou think the evidence thus afforded sufficient, and if not, 4 what further proof you deem requisite to estabiisli the safety and 4 efficiency of my operation ? I am, Sir, your obedient Servant, (Signed) 4 James Syme. 4 To the Editor of the London Medical Gazette/ Whether the whole or any part of the said article or statement is of and concerning the pursuer, and falsely, calumniously, and injuriously represents and holds out the pursuer as a person of disreputable character in his profession, and as neither respected nor entitled to respect in the medical profession, to the loss and damage of the pursuer ? Damages laid at £1000. Now, gentlemen, such being the nature of the libel of which the pursuer complains, I put it to you, whether there is not, plainly, in the face of this statement, a direct unjustifiable attack and libel on the character and professional position of the pursuer, Mr. Lizars ? Put the case to yourselves—and that is the true way of estimating the matter, whatever your position or business in life may be — if any one occupying the same position and profession or business as you do, were to publish in regard to you, what the defender, Mr. Syme, published in regard to the pursuer, 4 that he’ 4 regarded you as long placed beyond the pale of professional 4 respect and courtesy/ does it not plainly and directly follow, that this, in your minds, must be considered a gross and unjustifiable libel ? And can there be any doubt in your minds, in regard to your answer to the question put to you, 4 whether the whole or any part of the said article, or statement, is of and concerning 4 the pursuer, and falsely, calumniously, and injuriously repre- 4 sents and holds out the pursuer as a person of disreputable 4 character in his profession, and as neither respected nor entitled