Page:Harvard Law Review Volume 4.djvu/191

Rh that merchants should also be called as witnesses, and that the jury should decide after having heard the whole evidence.

The simple truth in such cases appears to be, that the court, whether or not they be quite ready as yet to adopt the opinion which they ask, as giving the legal rule, are wishing to know that opinion, as an aid to them, in laying down the law. They are not cases of submitting questions of law to the jury.

James B. Thayer