Page:The Green Bag (1889–1914), Volume 20.pdf/205

 146

THE GREEN BAG

CURRENT LEGAL LITERATURE Thit department it designed to call attention to the articles in all the leading legal periodicals of the preceding month and to new law books sent usfor review

Conducted by WILLIAM C. GRAY, of Fall River, Mass. •

The result of the Hague Conference forms the subject of leading articles in several of the legal magazines reviewed this month. All express the opinion that much solid work was done, although there is a popular tendency to depreciate it because unreason ably high expectations were not fulfilled. Among the other articles the usual wide range of subjects is treated. Although it is hard to make distinctions among those in the leading magazines, perhaps former Justice Brown's study of automobiles and Professor Bohlen's discussion of the doctrine of contributory negligence are of the most general interest. AGENCY. " Implied Authority of Agent to Purchase Personal Property," by Floyd R. Mechem, Yale Law Journal (V. xvii, p. 257). Adapted from a forthcoming new edition of the writer's new treatise on agency.

"2. In actions for personal injuries occa sioned by illegal speed, the plaintiff should not be denied a recovery upon the ground of his contributory negligence, provided that such negligence may be given in evidence in reduc tion of damages. In view of the fact that AUTOMOBILES. " The Status of the Auto automobiles are often, if not usually, driven mobile," by Hon. Henry B. Brown, Yale Law at excessive speed, and that a vast majority Journal (V. xvii, p. 223). After reviewing the of the injuries inflicted by them are attribu present law as to the rights of automobiles table to this cause, in respect to which the on the highways, the author, who is the former injured party is helpless, a variation in the associate justice of the Supreme Court of the common law rule, which deprives a plaintiff United States, makes some suggestions. The altogether from a recovery in case of his own future depends principally, he thinks, upon contributory negligence, appears just and the chauffeur and his sponsors. A faithful reasonable. In the light of a punishment, observance of the speed laws may be expected too, it would operate as a strong restraint to gain such rights as the superior speed of upon that excessive speed which seems such the machine requires for its perfect operation. an irresistible attraction to the chauffeur, and causes such an enormous loss of life. The "At the same time the safety and pleasure fact that plaintiff's negligence may be shown of the general public demand some further in mitigation of damages would prevent any restriction upon the activity, not to say law practical injustice and in plain cases limit the lessness, of these powerful engines. The most recovery to a normal amount. important are : — "3. As automobiles are usually owned by "i. Their total exclusion from parks and men of wealth, to whom ordinary fines are of pleasure drives of our large cities during the no consequence, the fine for excessive speed customary driving hours of each day. This should not be less than twenty-five dollars, is the rule in London, where automobiles are and in case of personal injuries, imprison not allowed in 'Hyde Park during the after ment should be compulsory. . . . noon and evening, with the result that the "Upon the other hand the automobilist has famous Rotten Row still maintains its suprem just cause to complain of state laws which acy in the world of fashion for beautiful require him to obtain a new number, regis horses and handsome equipages. On the con tration and license in every state he may trary, in Paris and in Newport, they have chance to enter, after having been properly been practically driven off the streets and documented in the state of his domicile. drives formerly distinguished for the elegance Conceding that he is bound to comply with and perfection of their turnouts .... the speed and signal laws of each state, so