REVIEWS

Published date01 November 1944
DOIhttp://doi.org/10.1111/j.1468-2230.1944.tb00991.x
Date01 November 1944
REVIEWS
245
Alabama court held that the law
of
Mississippi governed the liability of
a
railway company to one of its employees injured in an accident which
occurred in the latter state owing to
a
defect which ought to have been
remedied in Alabama.5 The Supreme Court of Pennsylvania decided that
the owner of
a
motor car who sets out on
a
trip from Pennyslvania to Ohio
is liable according to the law of Ohio for the consequences of an accident
occurring in that State though the cause of the accident was
a
defect in a
tyre which should have been repaired in Pennsylvania.e
The Restatement
(s.
377)
purports to express the effect
of
decisons
such as these in the terse formula: “The place of wrong is in the State
where the last evert necessary to make an action liable for an alleged tort
takes place.” Since, in the case of torts such as negligence, nuisance,
conspiracy, etc., the occurrence of damage is an “event necessary to make
an actor liable,” it is clear that, according to the decision under review,
a
rule such as that formulated in the Restatement does not form part
of
English Private International Law. Nevertheless, it is quite possible that,
in cases such as those mentioned above, an English Court might, like
many American judges, arrive at the conclusion that, in the words
of
the
Chief Justice of Pennsylvania, “the place of wrong is, and the tort must
be deemed to arise, where the injury
is
inflicted, not where the negligent
acts leading to it were committed.”
0.
KAHN-FREUND.
REVIEWS
LIBERTY
AND
LEARNING.
By DAVID
EDISON
BUNTING.
pp.
147.
Washington, D.C. American Council on Public Affairs.
$2.50.
This
is
a
useful account of the work done for academic freedom in the
U.S.A. by the American Civil Liberty Union from its inception in
1917
until the years of the present war. A preliminary chapter is devoted to
a
general account of the foundation and development
of
the Union. After
which the book
is
concerned with
its
work in the academic field where,
since its setting up in
1924
of
a
Committee on Academic Freedom largely
composed of university teachers, it has worked principally through that
committee. Among
its
members are some distinguished jurists, such as
Karl
N.
Llewellyn and Morris R. Cohen.
The set up in the U.S.A., with
its
numerous State universities, the
dependence of higher education upon charitable gifts, and the closer
political control of school education,
is
such
as
to make the problem
of
academic freedom much more acute than it has been
at
any time in this
country. Teachers have been dismissed and students sent down for
professing unpopular minority views. The Civil Liberty Union has fought
their battles in the Courts or in the Press.
No
detailed account of the
legal aspect of their troubles is given in these pages, for the volume is
intended for the general reader. Such success
as
has been achieved, and
it is notable, has, however, been won through the Press and not through
the Courts, for every case
so
far taken appears to have been lost
;
from the
Tennessee Evolution Case
(John Thomas Scopes) to that
of
Hering
v.
Alabama
G.S.R.
Co.
v.
Carroll,
97
Ala.
126.
Mike
v.
Lian.
322
Pa.
353.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT