whole affair shows a curious phase of life in the South half a century ago, and it seems probable from the account that no important vacancy in society was causad by the elumination of the two Kentuckians in question, so that no very serious shade is cast on the picture. THE TREACHEROUS BEDSTEAD. (White v. Oakes, 88 Me. 367.)
"Caveat enipior is an ancient saw Established in the wisdom of the law, Like " Cave canem " on a Roman wall Where fruit was rijx'ly nodding to its fall, Grin mosaic inlaid in the floor By way of warning at Pompeian door. A man may puff his goods, and hypnoti/e The incautious customer, until his eyes Grow blind to grave and palpable defects, The seller knows, or at the least suspects, But in such case the law extends no aid, For " caveat emf/or" is the rule of trade; And though the doctrine seems to be immoral, It cuts off much excuse for legal quarrel. One Cakes kept furniture already made, And in his warerooms temptingly displayed A versatile and most convenient bed, Reminding one of what the poet said Was " chest contrived a double debt to pay, A lied by night, a chest of drawers by day." This article stretched out a bed at night, And folded up afforded to the sight The aspect of a mantel-piece by day, On which the tasteful housewife might display Her store of bric-a-brac and plaster fruit, And other gauds her artistic sense to suit. He sold this bed to Mrs. Agnes White, Who lying down confidingly at night Upon its frame, beside that of her spouse, Sought rest which night to tired folk allows. They meant no joke, they were in earnest quite, But to this humorous bedstead the strange sight Of people venturing in its cavity Disturbed ant! overcome its gravity; It quick " went back" — and forward — on the pair, And almost smothered them as they lay there; It closed upon them like the jaws of shark, And squeezed them nearly lifeless in the dark. They scrambled out, faint, angry, bruised and scared. And next day to the seller they repaired, Who thought he could repair the queer abuse, And soothed them with some plausible excuse. 11 e never knew the thing to act that way (It probably mistook the time of day); He "guessed " the joint should be a trifle stiffer — There was no need for him and them to differ. But when the bed came home the second time The lady ventured not in it to climb, But wisely thought some safety 'twould afford her
To try it first upon a " single boarder." He had defied the perils of her hash, But little dreamed that he would come to smash In this queer piece of ornamental lumber, Extended to invite him there to slumber, But he was horrified and she surprised To find it snapped again, and paralyzed Him in a manner horrible to view; So when he vowed his hostess he would sue Five thousand dollars she was fain to pay, And use the bedstead only in the day. Then Mrs. White sued Oakes to reimburse Her injuries in body and in purse. "This Oakes ' doth murder sleep! ' " her counsel cried; But the judiciary calm replied : "The bed was not of Oakes's manufacture; He did not know its tendency to fracture; No warranty was made nor is implied; It is not shown that he deceived or lied; He simply praised his wares, as trailers may, In the commercial customary way; The bed was open and exposed to view; And all was equal as between the two; The case is really hard; we grieve to disappoint. Hut had she prudent been she would have tried the joint! And when she heard the smooth commercial tempter, Should have recalled the maxim, " Cittwit cmplur." So Agnes White went home, and shut her bed, Nor dared on it again to lay her head. And it affords her trifling consolation To view it as a piece of decoration, Л stationary, permanent wall-flower, That never opens at the evening hour. She never mentions (Jakes but she attacks him, And doesn't care a snap for that old maxim. The law alxive declared is different very From that adjudged in Lewis versus Terry,1 Decided in the selfsame month and year, Away across this western hemisphere, In California, wherein the guest Made " preparations " to retire to rest, — (About their nature the report is shady, liut we infer she was a pious lady) — And resting on the bed her humérus Was putting up petitions numerous, Vhen it descended with a vicious snap And broke off prayers and bone and promised nap. But here the seller knew of the defects And warranted the bed as sound in all respects.
NOTES OF CASES.
UNDESERVED CENSURE OF A COURT. — In the num ber of the " American Law Review" September-Octo ber, it is editorially said: "The decisions of the Court of Appeals of New York are becoming so monot onously uniform in favor of private corporations and against public rights, in every controversy between i ni Cal. 39.
