New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-08
NEW LAW BOOKS.
rxposrr1oNs OF NEGLIGENCE AND THE
RAINES LAW.

THE LAW OF NEGLIGENCE Rules. Decs SONS
. opinions By Edward b. Thomas: Of the New, New
e York Bar. PIP. clxxi!i. 1872 Banks Y Dro'"'''
THE LIQUOR TAX Law OF 1895 Se Ths EXCISE w aIS
Notes Annotations and Forms pf nc III otS
Cumming AID Frank h. Gilbert. Up VIII 40
Mathew Bender, Albany. n l.
r,. vear mast has been productive OF several works
a, merit on the law Of negligence. Until quite re-
Gently this was a comparatively new feid OF iegai
scence The preface to Sherman ana heohelu
standard treatise which was first puoiisheo ID io''
speaks OF negligence as a new suoJec' lot INC
law writer Since the expansion OF the common
..rr.r system however. this branch OF the law has
undergone a great development and the decisions
which deal with it are now mutitudnous Inc
eongested condition OF the reports has caiied lor'h
the abors Of several authors and editors IN ehoea'
ors TO put the results OF the innumerape cases ''o
such form that they might be available TO the pusy
lawyer without great waste OF energy on ms pa'.
During the last twelve months not less tnan FOUR
vrorks NJ standard excellence have appeared. VI
these the volume OF ex-senator Thomas Is by It's
form and contents in many respects pest auapteu ~
the daily needs OF the active practitioner OF 'hs
State.
The author OF this work has been well equippeu
for his task ty his experience In the particular
neld OF litigation treated by him. His endeavor, as
stated in the preface has been TO construct "oik
'for practical common use" In this he has sue
ceeded. The book gives evidence not only or great
industry Blu. also OF the practical lawyers trained
discrimination. and OF the art OF condensation ana
classified ton. In FORM the work is neither treatise
a collection of cases. 1t is rather an encyciopas
dia OF the law of negligence. designed. evidently
more especially for use in this state and not caim'
ing be exhaustive with reference to decisions else
where The topics treated in alphabetical order
Each title has its own brief table OF contents The
order OF treatment Of each separate subdivision Ia.
FIRST, a concise statement OF the 'rue' or OF the
general principle of law; second. digest Of all the
decisions OF the New-York Court OF Appeals ar
ranged in chronological order third. all unrevewed
decisions Of the Supreme Court and, fourth as
comprehensive digest OF the decisions in the other
statesas permitted by the design Of the work.
The advantages OF this method Of arrangement are
apparent.
In his statement OF the rules tho writer has been
painstaking, accurate and clear. In many cases
ne has constructed them out OF the language OF the
courts. valuable feature OF the work Is the
copious extracts which given from the opinions
Of the courts. Nearly all the leading cases ara
thus anplied. the quotations including not only the
most useful parts OF the opinions but also the array
OF authorities cited by the Judge. This gives the
reader a view Of the underlying principles and OF
the process OF judicial reasoning which no mere
diges. could afford. and 1t also combines with the
chronological method OF arrangement to enable him
10 trace the development Of the law from the early
sources. A good feature Is the printing OF the
rules the decisions and the opinions in three differ.
ent styles OF type The present work. although
condensed into one volume, contains all the ma
terials for an extended treatise. The author has
entirely refrained from comment. Although the
work is designed especially for the practitioner. IT
will prove useful to the student, not only In the
study Of the particular branch Of forts 10 which 1t
relates. but also In the study Of the law of bail
ments and carriers and master and servant. AS
supplement 10 the textbooks on those questions. 1t
vt1l he Of indeXing
work Is we'll done.
The production Of The Liquor Tax Law Of 1885,
II we'll timed. 1t is second edition Of former
work. but the radical changes in 1t made necessary
by the enactment of the Liquor Tax law, make It
largely new. Public interest in the Raines law as
1t Is popularity termed. Is so widespread that not
lawyers only, but laymen also who take special
interest in the political and social aspects or the
question will welcome convenient manual exhibit
ing the exact status OF excise legislation In this
State at the present moment. The book in hand
scents to furnish all the information that can be
desired. AS much light has been thrown upon the
provisions OF the law could be expected at
this early date. In their notes the editors have
pointed out those portions OF the law which sub
stantia re-enactments of former provisions. calling
attention 20 the variations when any exist. They
have also digested the cases which arose under the
old law and remain applicable under the new. Some
light has been shed upon the strictly new portions
OF the law by the collation. OF cases reported in
other States where similar provisions have received
judicial consideration. For instance, the annota-
lions to Section cite the authorities upon the
difference between a license and tax. and the
sttutonal import Of the distinction is pointed out.
The editors conclude that the new law provides for
q license and not tax. and that its title Is
misnomer Other notes deal with the constitutional
aspects OF local option and with the furnishing Of
liquor by social clubs
In addition to the Liquor Tax law the volume
nfaiu tha atm ciopl Ia fhA p1hl
Offcers' law. the provisions Of the Penal Code and
Of the Code of Civil Procedure applicable to viola
lions Of the Liquor Tax law the United States stat
utes and regulations relating TO the payment Of
taxes by quor-dealers and the statutes relating to
the rights. liabilities and duties Of hotel-keepers.