A Century of English Judicature.
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careful consideration. Nothing could be much toward the legal as distinguished from saner than his views in the great Mogul the equitable view of rights, he seldom failed Steamship case (1892), A. C. 25, on the vital to temper his common law views with the subject of freedom of trade. "It is admitted," good sense which gives to technical rules he said, "that there may be fair competition their just limitations. in trade, that two may offer to join and com Baron Bramwell was quick to see the pete against a third. If so, what is the weak side of a case against a railway cor definition of fair competition? What is poration. This tendency was not, however, unfair that is neither forcible nor fraudulent? an original prejudice, but rather an effort It ceenis strange that to enforce freedom of to rectify the injustice done by misdirected trade, of action, the law should punish those sympathy for the weaker side. "Let us hold who make a perfectly honest agreement with to the law. If we want to be charitable, a belief that it is fairly required for their gratify ourselves out of our own pockets." protection." The inquiry, "What is unfair (9 App. Cas. 187.) The authorities, he said that is neither forcible nor fraudulent?" is the on another occasion, "show a generous sum and substance of his legal and political struggle on the one hand to make powerful philosophy. Throughout his judicial and companies liable to individuals, and on the political career he stood firmly on the ground other hand an effort for law and justice. of strict adherence to contract. "A bargain Sometimes one succeeds, sometimes the is a bargain," he used to say; and he strongly other, and the cases conflict accordingly" deprecated making contracts for people, (13 App. Cas. 51). "It does not follow that whether by legislation or through equity. if a man dies in a fit in a railway carriage It may be inferred, therefore, that he had there is a prima facie case for his widow and little sympathy with certain equitable doc children, nor that if he has a glass in his trines. In the case of Salt v. Northampton pocket and sits on it and hurts himself, there (1892), A. C. 18, on the validity of fetters on is something which calls for an answer or redemption in mortgage transactions, he explanation from the company." And in the took occasion to say: "Whether it | course of his statement of his view that an would not have been better to have action for malicious prosecution would not held people to their bargains, and taught lie against a corporation, in Abrath r. North them by experience not to make unwise Eastern Railway Company, he said: "Every ones, rather than relieve them when one, or every counsel and solicitor listening they had done so, may be doubtful. We to me, knows that the only reason why a should have been spared the double con railway company is selected for an action of dition of things, legal rights and equitable this sort is that a jury would be more likely rights, and a system of documents which do to give a verdict against a company than not mean what they say. But the piety or against an individual. Everybody knows it; love of fees of those who administered equity and perhaps there is a sort of hope of con has thought otherwise, and probably to undo fusion. It is said, 'the man was innocent; this would be more costly and troublesome somebody ought to be punished for it; here than to continue it." And he adverts, in is a railway company; there was an improper Derry f. Peek, 14 App. Cas. 337, to what he motive'; and so there is a jumble; the case regards as the mistake made by courts of gets before a jury, and a railway company equity in "disregarding a valuable general is exactly the party to have damages principle in their desire to effect what is, or awarded against it." is thought to be, justice in a particular But aside from the well-recognized class instance. But if he was inclined to lean too of cases in which he was known to entertain
