212
THE GREEN BAG
are ever to mold our law into an instrument of justice, so that it becomes merely a means to an end, it will be by aiming more con sciously ' to award to each man his due,' by infusing a greater flexibility, by viewing more keenly the ends desired, by abandoning form for substance, by adapting rules to results. All along the line of procedure the need is greatest. But the present instance illustrates also for the substantive law the shortcomings of the present mechanical methods." TORTS. " The Doctrine of Last Clear Chance," by George W. Payne, Central Law Journal (V. Ixvi, p. ai's). TORTS. " Should the Doctrine of the ' Turn-Table ' cases, holding Railroad Cor porations Liable for injuries to trespassing children be extended so as to make land owners liable for injuries caused to tres passing children by unguarded ditches, ponds, etc.," by Sumner Kenner, Central Law Journal (V. Ixvi, p. 137). TORTS. In the Journal of the Society of Com parative Legislation (V. viii, n. s., p. 185) is an
article by Thomas Beven entitled " ' Volenti Non Fit Injuria ' in the Light of Recent Labour Legislation. It shows that. the principle of consent as a bar to private action is funda mental and universal. He traces t.he history of the principle in Roman and Canon Law and in the early English law and shows that there was no element of contract in it. Then came the development of the law of master and servant as an accompaniment to the growth of modern industry and soon in these cases of employers' liability the judges began to derive the defence from an implied contract at the time of employment. Since public sentiment forced the enactment of employers' liability legislation and the tend ency has arisen to limit by law freedom of contract, the English judges have gone farther than those in the United States in restricting this supposed contract to assume the risks, and now the old presumption arising from acceptance of employment is abolished and the defendant has to prove an intention on the part of the plaintiff to take the ordinary risks of the employment.
