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THE GREEN BAG
ready to lend their support to so radical and expensive a measure, until other legislation has intervened. When the States, by proper enactment, abolish the barbarous defense of "assumed risk," a doctrine that bars recovery for the master's negligence, even though the servant is free from fault; when
the "fellow servant" defense is either elim inated or restricted within sane and logical bounds, then the corporations will discover that the cost of inj uries is an item that must be reckoned with, and then, and not until then will they favor Workmen's Compensation. CLEVELAND, O., March, 1906.
MR. WEST. IN Chicago, two years usually elapse be the jurors are of a higher grade of intelli fore a personal injury case can be brought gence. But what will remedy the abuses to trial. On the theory that "delay is in the State Courts, of which both plaintiff always good for the defense," defendants' and defendant complain? counsel discourage either the settlement or In the trial of a personal injury case it speedy trial of personal injury claims. The seems that all disputed questions are treated plaintiff needs money, especially if incapaci as questions of fact to be determined by tated for work; he or his witnesses may die; the jury. All information or instruction they may remove to other jurisdictions; as to what previously has been decided in they will forget and lose interest in the case. similar cases, is rigidly excluded from the Plaintiff's attorney is usually not as well jury, which is left without guidance as to equipped as is the defending counsel, for the facts, and with little understanding the prosecution of appeals through the as to the law, each case being treated as if, Appellate and Supreme Courts, nor is his in all respects, it were the first of its kind. client as able to bear the expense, which is The jury decides and the court enters judg often most burdensome. It often happens ment that the certain course of conduct of that after the statute of limitations has run, the defendant, or plan of construction, the plaintiff discovers he has sued the wrong or method of doing work, under which a defendant. The declaration may state a person has sustained an injury, does or does cause of action, but the proofs develop not, as the case may be, entitle the injured a different but equally good cause of action, party to damages. This decision often fur on which there can be no recovery because nishes no rule for the guidance of other it is too late to amend. If, through inex defendants in similar cases. If the em perience, an immaterial fact, not suscep ployer, desiring to adopt means of self pro tible of proof has been alleged in plaintiff's tection and to comply with the law, makes declaration with particularity, thereby be changes to conform to the apparent require coming material, it must be proved as ments of that decision, entailing considerable alleged or there will be a variance. expense and inconvenience and acting pos The defendant fears the passion and preju sibly against his own judgment, he is no dice of juries. Although delay is a defence better off than before. After the change often utilized in the State Courts, the de is made another person suffers an injury. fendant prefers an earlier trial in the Federal The matter is submitted to another jury. Courts, where written instructions are not This jury is not permitted to be informed, reeled off in a monotone, but where the of the previous jury's decision. It may judges orally sum up cases, review the facts, decide differently from the previous jury and instruct as to the law. He also be on the same or similar facts. There is no lieves that in the Federal Courts the judges, reason why most of the leading principles on account of their life tenure of office, are of negligence should not by this time be as less susceptible to outside influences, and clearly denned and as easily ascertainable
