Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-07-13
VIRGINIA LAWYERS.
ANNUAL SESSION OF THE STATE BAR
ASSOCIATION At OLD POINT.
Address OF President Tucker on Civil Pro-
cedure-Reports of Committees
Read-Mr. Parrish's Paper.
LspecIal ,eIegram 70 .he pIspateh.l

loHtrlhi ttttsAhhh w hhD D'A@t~ht
FoRr MONROE, Va, July 12.-The State
Bar Association was called to order ut 1880
this morning by Mr.. +. Ii. Mcclure, chair
man Of the Executive Committee, who. in
few graceful and weil-chosen remarks,
introduced the president, Hon. John RAN
dolph Tucker, of Lexington. Mr.. Tucker
said
My Brothers of the Bar of Virginia, 1t
seems to me that cannot better manifest
| my appreciation of the honor you have
conferred upon me than by an attempt to
contribute something to the full conside-
ration Of the important question OF re-
forms in the civil procedure of the State.
| The science of pleading is the science OF
statement. President Allen once SAID that
MIR. John X. Cooke, O great advocate. so
stated his case that II needed no argument,
| and he rarely made one. The simple mar
rative OF truth is the logic of nature, and
Is the highest art of the forensic pleader.
idr. Tucker then delivered most interest
ing and instructive historical sketch OF the
| civil procedure from the days of the Ro-
mans down TO the present time. treating
the subject with the hand Of a master and
| rlveting the attention of his hearers upon
| his theme.
TO CONCEAL WEAPONS.
Continuing he said. in the course of
| time, from Incidence, or ignorance, or
| chlcanery, pleaders devised methods to
| cjnceal their real weapons under formulas
| which disclosed nothing. Lord Brougham
IN 1898 said that the same words in q decla-
ration In assumpsu would cover seven dis
tinct causes of action. So far was this
| from being special pleading that 1t real
| ICES tho case of him Who dark with
| counsel by words without knowledge"
| HE results OF the reform movement
| eVinced by that extraordinary speech have
| been marked on both sides Of the Atlantic.
| The Hilary -termrules were the first practi-
cal step in the direction Of radical reform.
| These rules required more specific state
ment Of facts on which the parties based
| their pretensions. They were framed in
| 1884. They abolished the distinction be-
| tween action at law and suit IN equity.
| TIE movement was started IN New York
and has taken root in a number OF States.
| PROGRESS on REFORM.
| The speaker graphically aud eloquently
! traced the progress of reform IN civil pro-
cedure down through the various steps
| To the present. In speaking of the con-
| s0lldatiOn of equitable relief and common
law actions he said ITO the fundamen-
tai change | confess am convert. The
divergence of common law was an historic
| necessity. butt il was most unnatural in
| principle" Mr.. Thicker, during tine course
| of his reading, was frequently interrupted
by applause
COMMITTEE REPORTS.
After the close of his paper the reports
of the various standing committees were
read. The report of the secretary showed
the association TO be in an extremely
| prosperous condition. with large IN
crease of membership during the past
| year. More routine business was then
| transacted. after which the association
adjourned till $3.50 z. VI. At the night
session the principal event was the paper
of Dir. Robert l.. Parrish, of COvlngtOn,
entitled
| MASTER AND SERVANT"
Mr.. Parrish dealt with his subject IN a
manner which made it clear 10 10 lis audi
| ence that he had In mis- reading thoroughly
covered the whole ground. He SAID the
| masters position NAV be defined in the
statement that the master is liable for his
negligence only. and the servants position
Is that If the masters negligence hurts
him he has right of action for his injury
which can be defeated by his own con-
| trhutory negligence alone.
Mr.. Parrish then gave summary of the
| duties of the master and of the servant.
as defined in the various textbooks. citing
numerous authorities. ana then passed on
| TO the chief purpose of bis paper. the risks
assumed by servants. tie said, III sub
stance, servant has right to assume
| that the machinery and appliances fur
| nlshed by the master are reasonably sulta-
| bic for the uses TO which they are de-
| signed, and although he cannot be charged
| with the duty OF the Inspector he Is
| bound TO observe such defects as are open
| and obvious.
| HE CAN DECLINE.
| Moreover, if he is required TO perform
| any unusual and unnecessarily dangerous
| service il is his duty to decline to do the
| service and inform his master of the dan
| ger. If servant discover an ordinary de-
| feet in a piece OF machinery and inform
his master, who promises 10 repair, the
servant Is justified in using the machinery
until such time has elapsed As
| makes il improbable that the mas
ter will repair: but if the defect be
serious, so that no one except a reckles 8
| person would use It. ne does so at his own
peril. In case of injury through negligence
| Of fellow-servant, the first question TO be
| determined Is whether the negligent SER
want was engaged in an act which the mas
| ter can 30 delegate as TO relieve himself of
responsibility. III not. the master Is
| liable At the close OF Dir. Parrsh's paper
there was "a brief discussion on the sub
lect, after which the association adjourned
to Wednesday at II A. u.