drawn his theory from practice, or at least has found in practice adequate support for his theory; and he has enabled the reader to test and apply his suggestions, as far as a book can do this, by giving extracts from many trials, including a considerable number in which he himself participated. The most extensive extracts are from the Parnell Com mission, the Carlyle W. Harris case, the Bellevue Hospital case, the William Palmer case, and Laidlaw v. Sage. The extracts, as in other books on cross-examination, are chiefly from criminal and tort cases; and this suggests the question whether in litigation of neither a criminal nor a quasi-criminal na ture the character of the issue and of the parties and of the witnesses does not cause cross-examination to be of comparatively slight value. The same forces that have shorn counsel of their oratory—namely, the increased intelligence of jurors and a general tendency toward quiet and accuracy—seem to be doing much toward diminishing the in clination to indulge in cross-examination. Nevertheless, the art will never be unneces sary, and this book can be safely commend ed as sound, interesting, and useful. DAMAGES FOR PERSONAL INJURIES. By Archi bald Robinson Watson. Charlottesville: The Michie Company. 1901. (lxxiii+944 PP-) This treatise covers part of the law of Torts and part of the law of Damages, for, as the sub-title says, it embraces "a consid eration of the principles regulating the pri mary question of liability, as well as the measure and elements of recovery after lia bility established." However, almost the whole of the work deals with the measure of recovery. Obviously, the restriction of the view to personal injuries encourages full dis cussion. The fullness of the treatment of causation is indicated by the fact that onefourth of the book is devoted to chapters on natural and proximate cause, several prox imate causes, losses by persons sustaining contractural relations to individual injured, intervening causes, efforts to avoid threat-
ened injuries, efforts to protect property or to save another's life, intervening acts of children, intervening acts of animals, inter vention of natural forces, intervening acts of negligence, anticipation of consequences, proximate cause for the jury, avoidable con sequences, injuries to persons diseased, and superinduced disease. The book is meant for practitioners; but it abounds in discussion, and it is clear and readable. Yet while the fullness and the clearness of the text are com mendable, it must be said that the narrowing of the discussion to this one subject— personal injuries—leads to some unfortu nate results. For example, while the book. following out its restricted plan, necessarily avoids a discussion of damages for breach of contract, how can one feel complete confi dence in a discussion of causation which does not even cite the famous contract case of Hadley v. Baxendale? THE RIGHT то AND THE CAUSE FOR ACTION. BY Hiram L. Sibley. Cincinnati: W. H. An derson and Company. 1902. (x-)-i65 pp.) In 1889 the author, then Judge of the Common Pleas Court of Washington County, Ohio, decided Clark v. Eddy, which is reported in 22 Weekly Law Bulletin, 63. His opinion required him to discuss what is the place in which a cause of action arises. His interest was aroused to such an ex tent that at last this book is the result. The attempt is to define and distinguish the cause for action and the right to action. The book is an interesting contribution to Pleading and Analytical Jurisprudence. It deserves better typography. NATIONAL LAWYERS' DIAKY. Albany, N. Y.: Matthew Bender. Cloth, $1.50. In addition to the pages for daily memo randa, this handy volume contains many matters of legal interest, including lists of the Federal Judges, Clerks,] District At torneys and Marshalls, Assignments of the Federal Courts, and Rules of the United State Supreme Court.
