Mr. Sergeant _Taddy_ followed on the same side, and observed, that while he admitted the general principle that expenses were not allowed for loss of time, except to physicians and attornies, he could not see why scientific men, such as chymists, should not be brought under the same rule as physicians.
The _Chief Justice_.—For this reason, that to a physician loss of time is considered as loss of profit. A physician cannot visit a patient by deputy, as the patient might not have the same confidence in that person as in that physician, and this I take to be the reason why the loss of time is allowed. For reasons similar in principle the loss is also compensated in the attorney.
Mr. Justice _Park_.—Suppose a clergyman, living in Cumberland, were summoned to give evidence in a case in London, and that being delayed here for two or three weeks, he was obliged to employ a curate to officiate in his absence, have you any case where that expense would be allowed?
The Prothonotary.—Invariably the expenses would be allowed, my Lord.
Mr. Justice _Park_.—I am glad to know it, for I was not aware how the case was.
Mr. Sergeant _Taddy_ then proceeded to contend, that with respect to the cost of the experiments, as they were not made for the purposes of general science, but had reference to this case alone, they ought to be allowed. Indeed, they were made by a sort of compact with the other side. They (the defendants) themselves seemed anxious that such experiments should be made. They declared that they would make them, and they invited the plaintiffs to make them also.
The _Chief Justice_.—How much was the amount of the property insured?
Mr. Sergeant _Lens_ replied that it was upwards of 70,000l.
The _Chief Justice_.—I think (whether the cost of experiments be allowed or not) it was right, in a case of such importance, that they should have been made; but I wish it could be shewn to me whether there was any compact between the parties for making them.
Mr. Sergeant _Hullock_, who appeared for the defendants, here observed that he knew of no compact of that nature.
Mr. Sergeant _Taddy_.—I do not say, my lords, that there was a positive compact; but I remember that, when the motion for a new trial was argued before your lordships, one of the arguments used in support of the motion by the defendants’ counsel was, that a sufficient number of experiments had not then been made. Surely, then, it will not be contended that there was not an inducement to the plaintiffs to make those additional experiments for which they now claim to be allowed.