APPENDIX C PROBLEMS FROM EXAMINATION PAPERS 1 1. Trespass. First count for a battery; second count for breaking A's close. A horse, which X was riding, without anyone's fault suddenly became unmanageable, rushed from the highway upon A's land, and ran against and injured the person of A. Is A entitled to succeed on either or both counts, or not, and why? many of the four individuals, A, B, X, and Y, have causes of action, and why? 5. X, a postmaster, receives from A a book to be sent to N, and a letter containing money to be sent by mail, as a registered letter, to H. The book was sent. X afterwards learned that no letters could be registered to H, and thereupon sent the letter by mail, un2. Trespass for an imprisonment. registered. Neither the book nor Plea: Not Guilty. A went aboard an letter was received. X is sued in ocean steamer to see a departing pas-trover for the conversion of the book senger, and negligently remained till and letter. Was he guilty of a conthe vessel was under way. He then version of either or both, or not, and asked X, the captain, to put him ashore. X declined to do so, and A was carried across the ocean. The judge at nisi prius directed a verdict for A. The court in banc granted a rule nisi for a new trial. Should the rule be made absolute, or discharged, and why? why? 6. June 1, 1874, M entrusted X with certain specified goods to sell on commission. June 5, M sold the goods to A, who acquired thereby the legal title to the goods. June 6, before any revocation of his authority, and in igno3. A was walking peaceably along rance of the sale to A, X sold and dethe street when he was suddenly at-livered the same goods to Y, who paid tacked by M. A defended himself. for them in good faith. Could A X coming up during the affray inter- maintain trover against either X or fered, secured A and delivered him Y, or against both, either with or into custody. M escaped. A brings without a demand and refusal, or not, trespass against X for imprisonment. and why? Has X a good justification, or not, and why? If X, though present, had 7. X places a steam-boiler on his not arrested A till the affray was over, premises, which, while in operation, and had then given him into the suddenly custody of an officer who had not seen the affray, would the latter have had a good defence to a suit for imprisonment, or not, and why? 4. A and X beat each other in a prize-fight. Y was attacked by B, and in self-defence used excessive force to the great injury of B. How explodes and injures the buildings of his neighbor A. No negligence was imputable to X. A sues X in case. Is A entitled to succeed, or not, and why? These problems are selected from the papers set in five law schools (as printed in the compiler's "Examinations in Law," 1900), together with a few later papers set for the compiler's own classes. ever, moved away without discovering demand by A of A's goods, then in the X's insanity; and, in consequence of possession of X - that X said to him, the words spoken, ceased to be cus- "I do not know who owns the goodstomers of A. Has A a cause of action I am keeping them for the owner. against X, or not, and why? Prove to me that they are yours and you shall have them, but not otherwise." X demurred to this evidence. Should the demurrer be allowed or overruled, and why? 9. Trespass by A against X for an imprisonment. Plea, not guilty. A, who has an important engagement with M for 5 o'clock, is in X's house. M, fearful of missing A, comes to the 15. X by fraudulent misrepresentahouse of X at 4 o'clock. X locks the tions as to his solvency induced A to room in which A is, and refuses to let sell him a certain horse. X sold and M in or A out until M pays him (X) | delivered the horse to Y, a purchaser money. M refuses, but remains until for value, without notice of the fraud. 15 o'clock, when he goes away. Soon A afterwards made an unsuccessful after, X unlocks the door, and discov- demand of the horse on both X and Y. ers that A has been asleep since 3 Were either X or Y guilty of a convero'clock. A's action is to recover sion either before or after the demand damages, suffered by his failure to and refusal or not, and why? meet his engagement. Should the judge direct a nonsuit or not, and why? 10. Trespass quare clausum fregit by A against X. Plea, not guilty. A's evidence showed that X, standing on his own land, shot a crow as it rose from A's cornfield. Should the judge direct a nonsuit or not, and why? 11. Trespass quare clausum fregit. Plea, that the wind blew the fruit from X's tree upon A's land—that X asked A's permission to go upon his land for the fruit - that A refused to give such permission; whereupon X went upon the land and removed the fruit, doing no unnecessary damage. Demurrer. Should the demurrer be allowed or overruled, and why? 12. Trespass quare clausum fregit by A against X. Plea, that X went upon A's land to save M's boat, which had been driven upon the land by a storm, and was in danger of being washed away. Demurrer. Should the demurrer be allowed or overruled, and why? 13. Trespass per quod consortium amisit by A against X. Plea, that A was a notorious libertine. Demurrer. Should the demurrer be allowed or overruled? 14. Trover by A against X. Plea, not guilty. A's evidence showed a 16. Trover by A against X, a cattle salemaster, in a certain market. Plea, not guilty. M, having stolen A's cow, brought her to X's stand in the market, and X sold the cow in the course of his ordinary business to R for full value. X and R acted in good faith. For whom should a verdict be directed, and why? 17. X was the author of a publication which appeared in a London journal, and which reflected upon A's moral character. X at the time was insane, and afterwards having become sane publicly retracted the statements and apologized for their publication. Has A any right of action against X or not, and why? 18. X uttered these words of A in the hearing of several: "I advise you not to go to A's inn. His wife is carrying on her adulterous amours there. A, to be sure, is respectable and ignorant of his wife's infidelity." A declares against X in case for slanderous words injurious to his trade. X demurs. Should the demurrer be allowed or overruled, and why? 19. Trespass by A against X for an assault. Plea, not guilty. It appeared at the trial that A and X were Mississippians between whom there was a long-standing feud, that X, catching sight of A in the city of M, aimed his gun at him, and pulled the trigger with the intention of killing his enemy, but that the gun missed fire and A walked on unconscious of the attempt upon his life. Being informed of the fact the next day he brought this action. The judge directed a verdict for A. Should X's motion for a new trial be granted? 23. Case by an annuitant against X for killing cestui que vie with the design of depriving plaintiff of the annuity. Demurrer. Judgment for whom? 24. Trover. Plea, not guilty. It appeared on the trial that apples had fallen from the plaintiff's tree upon the defendant's land, that the defendant had refused to suffer the plaintiff to come upon his land for the apples, or to take the trouble of picking up and returning the apples to the plaintiff. to a new trial? 20. A was in a room having two exits. X, supposing the door on the south was already locked on the out-The judge directed a verdict for the side, and wishing to imprison A, as a plaintiff. Is the defendant entitled practical joke, locked the other door. A was asleep at the time X locked this door. The door on the south was not in fact locked at that time, but was subsequently locked, before A awoke, by Y, who had no intention of confining A. A could not have gone out by the door on the south without trespassing on Y's premises. Several hours elapsed after A awoke before he was set at liberty. He has brought separate actions of trespass for an imprisonment against X and Y. Can X and Y defend the actions successfully, and how should they plead? 21. Trespass, for that the defendant did beat the plaintiff; also for that the defendant beat the wife of the plaintiff; also for that the defendant carried off the wife of the plaintiff; also for that the defendant carried off certain goods of the plaintiff, to wit, one gown, one petticoat, etc. Verdict for plaintiff and entire damages for $1,000. Defendant moves for a new trial. Should his motion be granted? 22. M had agreed orally with A, in the spring of 1882, to sell him in November, 1882, a certain quantity of hops for $1,000. The price of hops advanced greatly. X, wishing to injure A, said to M, "You are a fool to think of performing your contract with A. There is no writing and he can't sue you. Go, and ask lawyer Y if he can. M thereupon consulted Y and being advised that he was not bound by law to fulfil his agreement, refused to deliver the hops. Has A any legal remedy for the loss he suffered against X or Y? the 25. X purported to read from a newspaper these words, "A, that dastardly swindler, is once more among us. We cannot too earnestly caution public to beware of him." In fact, there was no allusion to A in the newspaper. Can A maintain any action against X without proof of special damage? 26. X advertised in May that he would sell at auction on the first of July next his herd of Jersey cattle. At the day appointed he announced that he had been compelled reluctantly to abandon his plan of selling his whole herd at auction, but that a limited number of his animals could be bought at private sale. In truth, X had never intended to sell at auction, and the advertisement was a trick to bring customers from a distance to his farm. Is X liable to those who have incurred expense and trouble in consequence of the advertisement? 27. Trespass for imprisonment by A against X. Plea, not guilty. At the trial it appeared that X, who was an officer, having a warrant for A's arrest on a charge of conspiracy, showed the same to A, saying, "You must go along with me at once." A, who was a much more powerful man than X, replied, "I am ready to go with you, but not as your prisoner." X answered that "it was all one to him how A went so long as he went," whereupon A proceeded with X to the magistrate, who at once decided that the charge of conspiracy was without shipped the cigars in conformity with foundation. Upon this evidence the the order. M had recently removed judge directed a verdict for A, reserv- to Broadway, and X, aware of this ing leave to X to move for a rule to fact, had hired his old place, assumed enter the verdict for him. Should the his name, and sent the order which A rule be made absolute or not? filled. Z was a carrier who delivered the cigars to X. Y bought the cigars of X in good faith. Can A maintain any or all of his separate actions against X, Y and Z? 28. Trespass by A against X for a personal injury. Plea, not guilty. The jury found a special verdict to this effect, namely, that X secretly put into A's cup of coffee a deleterious drug, that A drank the coffee and was in consequence made very ill, etc. A moves for judgment on this verdict. Is he entitled to it or not? 29. A tree originally wholly upon the land of X gradually grows so as to overhang the land of A, whereby certain plants of A are deprived of the sunlight essential to their proper development. Is X liable to A in any form of action for this damage to his property? 30. X, who had sold 110 barrels of oil to B, placed 100 barrels on A's ship, and A, acting on X's honest but untrue assertion that there were 110 barrels on board, gave a bill of lading for 110 barrels. A being obliged to make good the deficiency to the holder of the bill of lading, seeks to charge X for the amount. Is A's claim a valid one? 31. Trespass by A against X quare clausum fregit, de bonis asportatis, and for a battery. X pleaded to the first count, liberum tenementum, to the second, that he took the said goods as he lawfully might, being his own goods, and to the third that the alleged battery was committed by him in recovering the possession of the land and goods in the first two counts mentioned, which A wrongfully refused to surrender to him upon his request. A demurrer to each of the pleas. How should the court dispose of the record? 32. Trover by A against X, Y and Z. A in Boston received an order from Saratoga, N. Y., for a quantity of cigars. The order purported to come from M, 22 Washington St., Saratoga. A ascertained the credit of M and 33. Case for a libel by A against X. X inadvertently placed in an envelope addressed to A's employers a letter intended for A, wherein X reflected upon A's honesty. X's statements were not true, but were honestly made with the object of inducing A to mend his ways. Is X liable to A, who lost his situation in consequence of X's letter? 34. Case for a malicious prosecution by A against X. X had brought a civil action for libel against A, believing upon reasonable grounds that he had a good case against A, but his motive in proceeding against A, who had got the better of him in an old quarrel, was his desire to break up the business of A. A was successful in the action for libel. Should he succeed in the action for malicious prosecution? 35. X, who was employed to repair M's gas-pipe, did his work so carelessly that the gas escaped. M warned one of his servants of the leak in the pipe, but by a careless oversight failed to notify A, another of his servants, of the danger. A went into the cellar with a light, and was greatly injured by the explosion that followed. Has A any remedy against X? 36. X permitted his daughter Y to go to a children's party at the house of A at a time when Y had the whoopingcough. A's child was seized, and ten other children in consequence of this exposure, with the cough. Can X or Y be compelled to respond in damages to the eleven children or to their respective fathers? 37. Case by A against X. The declaration alleged that A had faith |