Iowa Law Bulletin (Volume 4) (Paperback)

This historic book may have numerous typos or missing text. Not indexed. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1918. Not illustrated. Excerpt: ... In the course of years the injuries to employees will be found to bear a fairly constant ratio to the extent of the business. The element of chance no longer concerns itself with the question of whether or not there will be accidents in that employment, but only with that of upon whom the misfortune will fall. This causes us to feel, since this is a loss necessarily incidental to the conduct of such business, that it should be borne by the business. The same is true of common carriage when conducted on a large scale. The question is not whether there will be accidents, but merely whose goods will be lost or damaged. A certain amount of "breakage" is necessarily incidental to the conduct of such business, and it should be borne by the business. The fact that the loss will not ultimately rest upon the carrier for the reason that he will provide for it in his charges is of no moment. For the desire to have this loss taken care of by the business is not for the purpose of imposing a hardship thereon, but because it can be borne without hardship. As Dean Pound has said: ' Today there is a strong and growing tendency to revive-the idea of liability without fault, not only in the form of wide responsibility for agencies employed, but in placing upon an enterprise the burden of repairing injuries without fault of him who conducts it, which are incident to the undertaking. There is a strong and growing tendency, where there is no blame on either side, to ask, in view of the exigencies of social justice who can best bear the loss, and hence to shift the loss by creating liability where there has been no fault. The whole matter of workmen's compensation and employer's liability, as dealt with in modern legislation, illustrates this."TM8 And also: "If it be said that ...