/1/
So, in the case of a barrel falling from a warehouse window, it
must be found that the defendant or his servants were in charge
of it, before any question of standard can arise. /2/ It will be
seen that in each of these well-known cases the court assumed a
rule which would make the defendant liable if his conduct was
such as the evidence tended to prove. When there is no question
as to the conduct established by the evidence, as in the case of
a collision between two trains belonging to the same company, the
jury have, sometimes at least, been told in effect that, if they
believed the evidence, the defendant was liable. /3/
The principal argument that is urged in favor of the view that a
more extended function belongs to the jury as matter of right, is
the necessity of continually conforming our standards to
experience. No doubt the general foundation of legal liability in
blameworthiness, as determined by the existing average standards
of the community, should always be kept in mind, for the purpose
of keeping such concrete rules as from time to time may be laid
down conformable to daily life. No doubt this conformity is the
practical justification for requiring a man to know the civil
law, as the fact that crimes are also generally sins is one of
the practical justifications for requiring a man to know the
criminal law.
Pages:
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170