The Western Jurist Volume 4

The Western Jurist Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ...more rational to have held that the destruction was by fire, per se. But the court interpreted the terms of the contract of the parties in this way. We must remember that there may be a difference between interpreting the obligation of a contract, and defining liability under the laws of social duty. Certain it is, the laws are not the same. One does not necessarily rule the other. I may say further, that there is no evidence, in the opinion of Mr. Justice Miller, that he had specially in view the same question, so ably discussed by Mr. Justice Hunt, or if he had, that his investigations extended so far as did those of the last-named Judge. He does not even refer to the New York case at all. _ The question here involved does not seem to have been defi-nitely determined in England;, ' why, I am at a loss to know. There have been decisions, it is true, imposing liability against the reasons we have expressed above, but in none of them is the question of proximate and remote cause of the injury discussed at all. Such is the case in Piggot v. The Eastern Counties R. R. 00., 54 Eng. C. L. Rep. 229, cited by the counsel for the defendant in error; and such is the recent case of Smith v. The London and South Western R. R. (h, Law Rep., March, 1870, p. 98. In this case, Boville, C. J., and Keating, J., affirmed the recovery. Brett, J., dissented. Both these cases were before the Court of Common Pleas. I find no review of the question in the Exchequer Chamber. I regard these cases as passing over the question that was decided in the Court of Appeals in New York, and which is before us now, sub sitentio. Hunt, J., expresses, to some extent, my experience, when he says, "I have examined the authorities cited from the Year Books, and have more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 123674795X
  • 9781236747952