Page:The Green Bag (1889–1914), Volume 24.pdf/340

 Reviews of Books earthquake and conflagration. More over we will hardly hope to get the American courts to agree with the au thor where he says, "Thus, where loss consequent upon explosion is excepted from a fire policy, the exception will equally exclude (1) damage caused by fire consequent upon explosion; (2) damage caused by explosion consequent upon fire." Another thing that will strike the American reader is the absence of a certain confusion that surrounds the law of insurance in this country by reason of our many co-ordinate jurisdictions that give differing decisions upon simi lar sets of facts. Our American text books on insurance are necessarily so taken up with citations of authorities from these many state and federal courts upon a limitless number of varying forms and statutes, that they are bound to become more digests than logical and thoughtful treatises. It therefore is especially pleasing and instructive to read a work on insurance based upon practically a single jurisdiction and a single legislative power. It is possible to develop fundamental principles with greater accuracy and clearness than where an author is confronted with varying and irreconcilable decisions of several state and federal courts of equal standing. The very fact that the author gives well-supported views differing from those current in the United States makes the book the more valuable in one way to the reader in this country. Our varying standard form policies, and state stat utes covering innumerable details, have tended to make us narrower in insur ance law than in most any other direc tion. We are more than usually apt to neglect the principles and reason in insurance propositions, and merely search for decisions — hoping that there

307

may be more for us than against us. We would have better decisions and statutes if our lawyers, judges and legis lators would give a little more time to an examination of the efforts and prin ciples seen in the other countries where they have been worked out on a more comprehensive and logical basis than in our states. Even the parts of the book that deal with the English statutes are of considerable interest on this ground, though of course they cannot be of immediate value to the busy prac titioner who wants nothing but a few decisions in point. Upon the many questions that are constantly coming before the insurance lawyer, such as double insurance, subro gation, insurable interest and so forth, the book will be found very helpful. It is thorough and convincing from be ginning to end. The author has given us an excellent treatise, with adequate citation of authorities to supportThis reasoning, instead of merely announcing what the various judges have held from time to time. As already stated, the book has received very favorable com ment in England and it should have an equally favorable reception in this coun try, p. T. C.

YOUNG'S FOREIGN COMPANIES Foreign Companies and Other Corporations. By E. Hilton Young, M.A., of the Inner Temple and Oxford Circuit, Barrister-at-Law, City Editor of The Morning Post. University Press, Cambridge, Eng.; G. P. Putnam's Sons, New York. Pp. 309 + 9 (appendix) + 14 (index). (14 net.)

THIS is a very luminous and sen sible discussion of the principles of private international law applicable to foreign companies doing business in England and English companies en gaged in business abroad. The treat ment is analytical rather than merely expository, and the book is a scholarly