rule of the road at sea is the same as on land in this country, that is, each vessel shall pass to the right. 40. Damages in collision cases.-A collision may happen without fault or from the fault of one party or from the fault of both parties. When without fault, damages must be borne by the party who suffers them. When both parties are to blame, the loss must be divided between them. When the party suffering is guilty of fault, the sufferer must bear his own burden. Where the ship that is injured is free from fault, and the ship which came into collision with it is at fault, the latter must compensate the former. When both parties to a collision are at fault, the damages are equally divided, irrespective of the degree of fault.47 There is a sharp distinction between the common law and the admiralty law in this respect. The common law rule is that if both are at fault neither can recover. The admiralty law is that if both are at fault the damage shall be brought into hotchpotch and divided between the two. 41. Suits in admiralty.—Suits in admiralty are either suits in rem or in personam. Both are begun by a libel. Suits in rem are based on a maritime lien. The vessel is seized. No notice is served on the owner. The law presumes that the seizure will give notice. The owner or any party interested files a claim and subsequently answers. Judgments in suits-in rem bind the world. In suits in personam a monition is issued, and served on the respondent. In proper cases, by order of the court, it may be accompanied by a foreign attachment, or a warrant of arrest. 47 The Woodrop, 2 Dod. 83 (Eng.). 42. Practice in admiralty.-The practice in admiralty is largely governed by the admiralty rules of practice issued by the United States Supreme Court, and by the special rules established in each district. Pleadings in admiralty are very liberal. They consist of a libel drawn substantially like a declaration or complaint at law, to which amendments are liberally allowed. The defense is set up by an answer or by exceptions to the libel, in the nature of a demurrer. In suits in rem, the process is served on the ship and a keeper put in charge. A bond may be given by the owner for the amount of the claim, and the vessel released. A vessel cannot be seized in admiralty if already in the custody of a state court. Admiralty trials take place before a judge without a jury, with the exception of admiralty cases arising on the Great Lakes, in respect to which there is an act of Congress authorizing a trial by jury on the demand of either party. The evidence is sometimes taken out of court, and sometimes orally in court. In the case of a decision for the libelant for unliquidated damages, there is usually a reference to a commissioner to fix the damages. The admiralty is not necessarily bound by Statutes of Limitations, but usually follows such statutes, and relief is often denied to stale claims. Costs are discretionary in admiralty. Appeals in admiralty are taken from the District Court to the Circuit Court of Appeals in the circuit in which the district is situated. At the present time usually such cases are not appealable to the United States Supreme Court unless special leave is given. BIBLIOGRAPHY. Abbott on Shipping has been for a great many years the standard authority on admiralty law. Williams & Bruce on Admiralty Jurisdiction and Practice, and Roscoe's Admiralty Practice are the leading modern treatises on English admiralty practice. MacLachlan's Law of Merchant Shipping, Carver on Carriage of Goods by Sea, and Marsden's Collisions at Sea are excellent modern treatises on the subjects to which they refer. Parsons on Shipping and Admiralty was the early leading American treatise. Benedict's Admiralty has been for many years a standard authority, and Hughes on Admiralty is an excellent handbook. MEDICAL JURISPRUDENCE BY GEORGE FITCH WELLS, LL.B., LL.D.* CHAPTER I. INTRODUCTION-GENERAL PRINCIPLES. 1. Medical jurisprudence defined.-Medical jurisprudence may be defined as the science of applying medical knowledge to legal problems. It is wide in its scope, and includes nearly the entire range of human relationships. The definition given comprehends the following classes of questions: # 1. Those relating to the time or cause of conception, birth and death; 2. Those relating to physical or mental disease 3. Those arising out of the relations of sex; 5. Those connected with miscellaneous ques- Acting Dean and Professor of Law, West Virginia University College of Law; former Dean and Professor of Law, St. John's University, of Toledo, Ohio. 2. Medical experts.-The most frequent calls upon physicians as witnesses in court are for expert testimony. This expert testimony, which falls under the head of opinion evidence, is obtained by the use of what are known as hypothetical questions. These first state the salient facts already brought out by other witnesses, and then ask the physician's opinion in the light of those facts. In answering hypothetical, as well as other questions, the physician should use the simplest words possible, in plain English; should wait until the question is fully stated before beginning his answer; should answer only the question asked; and should not argue with the attorney trying the case. If a question is asked in the alternative, and an unqualified answer demanded, a statement to the judge that the question cannot be answered properly in its form as asked will generally result in its being broken up. In general, it may be said that a subpoena should always be obeyed, as failure so to obey may involve the physician in proceedings for contempt of court, with very disagreeable results. The physician should remember that it is his duty, just as it is the duty of every citizen, to aid the court in its administration of justice, so far as lies in his power. But, while it is his duty to attend when subpoenaed and testify when called upon, yet he may be limited in the testimony he gives, especially when called as an ordinary, rather than as an expert, witness. The old rule of the common law obliged the physician to give in evidence any communication made to him by his patient, if called upon to do so. This was particularly appli |