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And probably why we prefer our newer style of proofreading. Much more robust than the earlier means. — billinghurst  sDrewth  16:14, 27 December 2010 (UTC)

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next morning, all were engaged in archery: I completed the bow for Francis, and at his particular request made him a quiver too. The delicate bark of a tree, united by glue, obtained from our portable soup, formed an admirable quiver; this I suspended by a string round the neck of my boy, furnished with arrows; then taking his bow in his hand, he was as proud as a knight armed at all points.

After dinner, I proposed that we should give names to all the parts of our island known to us, in order that, by a pleasing delusion, we might fancy ourselves in an inhabited country. My proposal was well received, and then began the discussion of names. Jack wished for something high-sounding and difficult, such as Monomotapa or Zanguebar; very difficult words, to puzzle any one that visited our island. But I objected to this, as we were the most likely to have to use the names ourselves, and we should suffer from it. I rather suggested that we should give, in our own language, such simple names as should point out some circumstance connected with the spot. I proposed we should begin with the bay where we landed, and called on Fritz for his name.

"The Bay of Oysters" said he,—"we found so many there."

"Oh, no!" said Jack, "let it be Lobster Bay; for there I was caught by the leg."

"Then we ought to call it the Bay of Tears,"


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Rh GAMMER GURTON's

ADVICE TO ALL GOOD CHILDREN.

My dutiful children, do as you're bid, And you'll be applauded and never be chid. And your Friends and your Wealth,  and your health shall increase, Till you're crown'd with the blessings  of plenty and peace.


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 Brigham anatomical description of the eye, published at Cambridge in 1676, on his return from France. He proceeded M.D. at Cambridge in 1677, and was elected a fellow of the London College of Physicians in 1682. In the latter year the first part of his 'Theory of Vision' was published by Hooke (Philosophical Collections, No. 6, p. 167); the second part was published in the 'Philosophical Transactions' in 1683. The 'Theory of Vision' was translated into Latin, and published in 1685 by desire of Sir Isaac Newton, who wrote a commendatory preface to it, acknowledging the benefit he had derived from Briggs's anatomical skill and knowledge. A second edition of the 'Ophthalmographia' was published in 1687. Several points in Briggs's account of the eye are noteworthy, one being his recognition of the retina as an expansion in which the fibres of the optic nerve are spread out ; another, his laying emphasis upon the hypothesis of vibrations as an explanation of the phenomena of nervous action. Briggs practised with great success in London, especially in diseases of the eye ; was physician to St. Thomas's Hospital 1682-9, physician in ordinary to William III from 1696, and censor of the College of Physicians in 1685, 1686, 1692. In 1689, according to a curious memorial on one sheet preserved in the British Museum, Dr. Briggs was at great expense in vindicating the title of the crown to St. Thomas's Hospital, but was himself dismissed from his post, owing, as he states, to the machinations of a rival physician. From the same sheet we learn that, although he attended the royal household with great zeal for five years, he could get no pay ; and notwithstanding that in 1698 William III promised that he should be considered, this was of no avail. In consequence of these circumstances, apparently early in Anne's reign, he begs for consideration in regard to the hospital appointment. He died 4 Sept. 1704, at Town Mailing in Kent. His son, Henry Briggs, chaplain to George II, and rector of Holt in Norfolk, erected a cenotaph to his father's memory in Holt church in 1737. The inscription is quoted by Munk. His portrait, by R. White, was engraved by Faber.

[Bayle, Lond. 1735. iii. 592 ; Biog. Brit. 1747, i. 982; Memorial of Dr. W. Briggs relating to St. Thomas's Hospital, n.d. (about 1702) ; Munk's Coll. of Phys. (1878), i. 424.]  BRIGHAM, NICHOLAS (d. 1558), is mentioned by Bale (Scriptores edit. 1557-9, not in that of 1548) as a Latin scholar and antiquarian, who gave up literature to practise in the law courts, and who flourished in 1550. To this Pits adds that he was no common poet and a good orator, and that in 1555 he built a tomb for the bones of Chaucer in Westminster Abbey. Later writers have taken this to be Nicholas Brigham, a 'teller' of the exchequer, who died in 1558. Wood (Athenæ Oxon. i. 309) conjectures that he was born near Caversham, where his eldest brother Thomas had lands of inheritance, and died in 6 Edward VI, but was descended from the Brighams of Brigham in Yorkshire. Now one Anthony Brigham was made bailiff of the king's manor of Caversham in 1543 (Pat. 35 Hen. VIII, p. 14, m. 6), and in 1544 had a grant of lands called Canon End there (Pat. 36 Hen. VIII, p. 2), but no Nicholas appears in the pedigree of Brigham of Canon End (Harl. MS. 1480, fol. 44, in which Anthony Brigham is erroneously called cofferer of the household), nor is either Anthony or Nicholas named in that of Brigham of Brigham (, Holderness, ii. 268). Wood further supposes that he studied at Hart Hall, Oxford, but whether or not he took a degree does not appear. Brigham had a grant on 29 June 1544 of the reversion, after his father-in-law, Ric. Warner, of a tellership in the exchequer (Pat. 36 Hen. VIII, p. 19, m. 25), and on 23 May 1558, as a teller of the exchequer, a grant of 50l. a year for life, which was confirmed on 14 Aug. following to him and Margaret, his wife, in survivorship (Pat. 4 and 5 Ph. and M. p. 13, m. 1, and 5 and 6 Ph. and M. p. 3, m. 30). In the spring of 1558 the queen appointed him receiver of the loan made her by the city of London, and general receiver of all subsidies, fifteenths, or other benevolences. Part of Sir Henry Dudley's conspiracy, for which many suffered death in 1556, was to seize the money of the exchequer in custody of Brigham. One of the conspirators, William Hunnys, or Hinnes, or Ennys (by Froude, Hist. vi. 441, called Heneage), of the royal chapel, who 'kept Brigham's wife, and was very familiar with him by that means,' was to find a way to do this ; but Brigham's own money, which he kept with the queen's, was not to be taken, as he was 'a very plain man,' and they would have enough money without his. On Brigham's death in 1558 his widow forthwith married this Hunnys, who had escaped the fate of most of his fellow-conspirators ; and there is in Somerset House an entry of a decree of 4 Nov. 1559 that a will made in September, October, November, or December 1558, leaving all his property to his wife, which will was disputed by James Brigham, nephew of Nicholas, is to be held valid, and that William Hunnys, 'husband and


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124 to which he sets an example for others to follow, and an example which will be followed in proportion as the changes are accordant with already prevailing usage and naturally suggested by it: the general structure and character of language are out of his reach, save as he can raise the common intellect, and quicken and fertilize the minds of his fellows, thus sowing seed which may spring up and bear fruit in language also. If he attempt anything like innovation, the conservatism of the community will array itself against him with a force of resistance against which he will be powerless. The commanding intellect has much the better opportunity to act effectively in a cultivated and lettered people, inasmuch as his inciting and lifting influence can be immediately exerted upon so many more of his fellows, and even upon more than one generation.

Especially is it true that all form-making is accomplished by a gradual and unreflective process. It is impossible to suppose, for instance, that, in converting the adjective like into the adverbial suffix ly, there was anything like intention or premeditation, any looking forward, even, to the final result. One step simply prepared the way for and led to another. We can trace the successive stages of the transfer, but we cannot see the historical conditions and linguistic habits which facilitated it, or tell why, among all the Germanic races, the English alone should have given the suffix this peculiar application; why the others content themselves without any distinctive adverbial suffix, nor feel that their modes of expressing the adverbial relation are less clear and forcible than ours. And so in every other like case. An aptitude in handling the elements of speech, a capacity to perceive how the resources of expression can be applied to formative uses, a tendency toward the distinct indication of formal relations rather than their implication merely—these, in their natural and unconscious workings, constitute the force which produces grammatical forms, which builds up, piece by piece, a grammatical system, more or less full and complete. Every language is the product and expression of the capacities and tendencies of a race as bearing upon the specific work of language-making; it illustrates


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III.] what they could do in this particular walk of human effort; and the variety of product shows the difference of human endowment in this regard, even more strikingly than the variety of the art-products of different peoples exhibits their diverse grade and kind of artistic power to conceive and execute.

For, as has been already pointed out, and must here again be insisted on, every single act in the whole process of making words and forming language, at every period of linguistic development, has been a human act. Whether more or less deliberately performed, it was always essentially of the same kind; it was something brought about by the free action of men. Its reasons lay in human circumstances, were felt in human minds, and prompted human organs to effort. No name was ever given save as a man or men apprehended some conception as calling for expression, and expressed it. Every idea had its distinct existence before it received its distinctive sign; the thought is anterior to the language by which it is represented. To maintain the opposite, to hold that the sign exists before the thing signified, or that a conception cannot be entertained without the support of a word, would be the sheerest folly; it would compel us to assert that galvanism could not be recognized as a new form of natural force, hitherto undescribed, until its discoverers had decided what to style it; that Neptune was not visible in the astronomer's glass till it had been determined after which of the Grecian divinities it should be christened; that the spinner's mule and jenny were not built till the inventor had chosen a name for them; that the aniline colours made upon the eye no impressions distinguishable from those of hues long familiar until the battle-fields had been pitched upon whose names they should bear; that the community had no appreciation of the frequent tediousness and impertinence of official forms until they had agreed to call it red tape; that the human race did not see that the colour of growing things like leaves and grass was different from those of the clear sky, of blood, of earth, of snow, until, from the name for growing, they had worked out for it a name green, as well as, by some similar process, like names for the


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 Bright abdominal viscera, with observations on the diagnostic marks of the diseases to which the viscera are subject.' In 1837 he was Lumleian lecturer, his subject being 'Disorders of the brain.' He was censor in 1836 and 1839, and a member of the council 1838 and 1843. He was elected fellow of the Royal Society in 1821, and received the Monthyon medal from the Institute of France, In 1837, on the accession of Queen Victoria, he was appointed physician extraordinary to her majesty. In the earlier part of his career it is said that his practice was not large; but as his reputation rose he took the leading position as consulting physician in London, and was probably consulted in a larger number of difficult cases than any of his contemporaries. Bright was twice married; first to the youngest daughter of Dr. William Babington [q. v.] The only son by this marriage took holy orders, but died young. His second wife was a daughter of Mr. Benjamin Follett, and sister of Sir William Webb Follett. She survived him, as did three sons and two daughters. His eldest son is now (1886) master of University College, Oxford; his youngest a physician in practice at Cannes. He died at his house, 11 Savile How, on 16 Dec. 1858, after a very short illness, which, however, was shown by post-mortem examination to have been the consequence of long-standing disease of the heart. He was buried at Kensal Green cemetery, and a mural monument was erected to his memory in St. James's Church, Piccadilly. The College of Physicians possesses his portrait in oils, and also a marble bust; another bust is at Guy's Hospital, and his portrait is engraved in Pettigrew's 'Medical Portrait Gallery.'

Bright was by general admission a man of fine and attractive nature. From early manhood he was animated by a genuine love of truth and unswerving sense of duty. He was of an affectionate disposition and uniformly cheerful. He was widely accomplished, a good linguist (when this kind of knowledge was less common than it is now), well versed in more than one science, a creditable amateur artist, and possessed of much taste in art; well cultivated on all sides by travel and society. In his intellectual character the first feature which strikes us is a certain simplicity. Beyond most observers he succeeded in viewing objects without prejudice. Not putting forward any theories himself, he was not biassed by any of the prevailing systems of medicine. Next, he had a remarkable tact, which appeared to be exercised unconsciously, of picking out the important facts in any subject, and, perhaps half unconsciously also, of combining them together so as to explain each other. He is said not to have perceived the true value of his own observations, and this is quite credible, but his genius guided him to the right result. Moreover, his industry was indefatigable. He amassed hundreds and thousands of facts, and his minute accuracy of observation was never or rarely at fault.

Bright was not generally regarded as a brilliant man; he had little power of exposition, and in his own school, while his fame was rapidly spreading over the civilised world, he was less popular and impressive as a teacher than his brilliant colleague Thomas Addison [q. v.], though the latter was much less known by the outside public. 'Bright could not theorise,' says Dr. Wilks, 'and fortunately gave us no doctrines and no "views;" but he could see, and we are struck with astonishment at his powers of observation. ... I might allude to the fact that he was one of the first who described acute yellow atrophy of the liver, pigmentation of the brain in miasmatic melanæmia, condensation of the lung in whooping-cough. He was also the first, I believe, who noted the bruit in chorea, and he made also many other original clinical observations' (, 'Historical Notes on Bright's Disease,' &c., Guy's Hosp. Reports, xxii. 259). These minor researches display the same powers as his master work, and have been thought to show even greater originality. It is the importance of its subject and the powerful influence which it has had, and continues to have, on the progress of medicine in all countries, that give to this discovery its classical position, and place Bright among the half-dozen greatest names in the honourable roll of English physicians. His writings were, besides those mentioned above: 1. 'Travels from Vienna through Lower Hungary, with some remarks on the State of Vienna during the Congress in 1814,' 4to, Edinburgh, 1818. 2. 'Address at the Commencement of a Course of Lectures on the Practice of Medicine,' 8vo, London, 1832. 3. 'Clinical Memoirs on Abdominal Tumours,' edited by G. H. Barlow, M.D. (from 'Guy's Hospital Reports'), New Syd. Soc., 8vo, London, 1860. 4. 'Gulstonian Lectures on the Functions of the Abdominal Viscera,' in 'London Medical Gazette,' 1833. In the 'Medico-Chirurgical Transactions:' (1) 'Case of unusually Profuse Perspiration,' xiv. 433. 1828; (2) 'Cases of Disease of the Pancreas and Duodenum,' xviii. 1,1833; (3) 'Cases illustrative of Diagnosis when Adhesions have taken place in the Peritoneum,' xix. 176, 1835; (4) 'Cases of Spasmodic Disease accompanying Affections of the Pericardium,' xxii. 1, 1839. In 'Guy's Hospital Reports,' vol. i.: 'Case of


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126 others. Men do not lay up in store a list of ideas, to be provided with spoken signs when some convenient season shall come; nor do they prepare a catalogue of words, to which ideas shall be attached when found: when the thing is perceived, the idea conceived, they find in the existing resources of speech the means of its expression—a name which formerly belonged to something else in some way akin with it; a combination of words, a phrase, which perhaps remains a phrase, perhaps is fused into, or replaced by, a single word. Thus, for example, men were proposed in ancient Rome for the free suffrages of their fellow-citizens, and were, without difficulty, variously described as such, before any distinctive appellation for one in such a plight had been established; but the fortuitous circumstance that Roman usage required those who were openly seeking office to be candidatos, 'dressed in white (candidus),' led by degrees to their designation, pregnantly, as candidati; and now, through nearly the whole civilized world, he who aspires to election or selection to any place or station is styled a candidate.

Thus it is that the reason why anything is called as we are accustomed to call it is a historical reason; it amounts to this: that, at some time in the past—either when the thing was first apprehended, or at some later period—it was convenient for men to apply to it this name. And the principal item in this convenience was, that certain other things were already named so and so. Until we arrive at the very beginnings of speech (the character and origin of which must be reserved for discussion at a later period of these lectures), every name comes, by combination, derivation, or simple transfer of meaning, from some other name or names: men do not create new words out of hand; they construct them of old material. At the time and under the circumstances, then, when each term acquired its given significance, the possession of certain other resources of expression, combined with certain usages of speech and habits of thought, and influenced by external circumstances, caused men's choice to fall upon it rather than upon any other combination of sounds. Thus every word has its etymology or derivation,


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III.] and to trace out its etymology is to follow up and exhibit its transfers of meaning and changes of form, as far back and as completely as the nature of the case allows. To recur to our last example—candidate is the modern abbreviated form of candidatus, participle of the (implied) Latin derivative verb candidare, 'to whiten,' from candidus, 'white;' and the historical circumstance which suggested its selection and application to its purpose has been pointed out. Candidus is itself a derivative adjective, coming from the verb candeo, which means 'to shimmer, to shine;' it designates properly a glittering or sheeny white. We have this also in our language, little altered in form, as the word candid; but, though it may be found here and there in old authors employed in its sensible, physical signification of 'white,' it has in our ordinary use been transferred, by a figure of which every one appreciates the naturalness, to indicate a mental quality, freedom from bias or prejudice, from dissimulation, from deceit—those dark shades and spots on a character. Few of us ever think of a connection of idea between candid and candidate; and the less, as the position indicated by the latter word is by no means favourable to the development of the virtue expressed by the former. The verb candeo we are able to trace one or two steps farther back, through caneo and canus, to a root can, which signifies 'shining;' this, to our analysis, is an ultimate fact, beyond which we cannot at present penetrate.

But, while words thus have their historical grounds, while the etymologist can explain how they came to receive the value which we attribute to them, we must beware of ascribing too cogent or too permanent a force to the etymological reason. It was not a necessary reason; there was no element of compulsion in it. The Roman seeker for office might as well have gotten some such name as proponent, 'proposer,' or petent, 'seeker,' as the one by which he actually came to be called; either of these, it may be claimed, is more truly significant than candidate, which expresses only a fortuitous circumstance of external garb, and was applicable to any one who should choose to wear a white dress. All that can be said in reply is that the Romans were in fact


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128 guided by the fortuitous rather than the more significant circumstance to their selection of a name. So, also, the Latin word albus or the Germanic word white might have been not less readily than candidus applied to designate the possession of candour; only the language-makers, for reasons which they themselves could not have explained, willed it otherwise. Among the various metaphors by which such a quality was signifiable and from time to time signified, this chanced to be the one which established itself in frequent use, and of which the metaphorical origin was by degrees forgotten. From among many possible expedients, it was the one pitched upon for filling this special need, for increasing in this direction the resources of expression. And then, when the expedient is once found, when the name is accepted by the community and installed in its office, the etymological reason becomes no longer operative; the sole and sufficient authority for the use of the term is the common assent and custom. Individuals do not go on indefinitely to repeat the act of transfer which first allotted a word to its use; they establish a direct mental association between the idea and the sign, and depend upon that. As was pointed out in the first lecture, the child does not concern himself with questions of etymology when learning to talk; the words which he acquires he receives and employs implicitly, for the sole reason that those about him employ them. As he grows older, he will, in varying degree, according to his turn of mind, his general culture, and his particular education, turn his attention to etymological inquiries, and please himself with tracing out why the words which he has learned or learns were elected to the office in which they serve him. But it is always a matter of reflection, of learned curiosity; it concerns, not the general users of speech, but him who would study its history. To the greatest etymologist who lives, not less than to the most ignorant and unreflective speaker, the reason why he calls a certain idea by a certain name is simply that the community in which he lives so call it, and will understand him when he does the same. It is quite worth while to know how candidate and candid came to mean as they do; but our knowledge or our ignorance of their


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 BRIGHTWELL, CECILIA LUCY (1811–1875), etcher and authoress, was born at Thorpe, near Norwich, on 27 Feb. 1811, the eldest child of Thomas Brightwell (born at Ipswich 18 March 1787, died at Norwich 17 Nov. 1868), by his first wife, Mary Snell (born 1788, died 6 Nov. 1815), daughter of William Wilkin Wilkin, of Cossey. or Costessey, near Norwich, and Cecilia Lucy (Jacomb), a lineal descendant of Thomas Jacomb, D.D., ejected from St. Martin's, Ludgate. Simon Wilkin, uncle of Miss Brightwell, edited the works of Sir Thomas Browne. Her father, a nonconformist solicitor, mayor of Norwich in 1837, was a man of scientific tastes, a good microscopist, and contributor to many scientific journals. The Asplanchna Brightwellii, a rotiferous animalcule, was discovered by him. He published 'Notes on the Pentateuch,' 1840, 12mo, a compilation, with original notes on natural history: and printed 100 copies of 'Sketch of a Fauna Infusoria for East Norfolk,' 1848 (unpublished). In the preparation of the latter work he was materially assisted by his daughter (a pupil of John Sell Cotman), who drew and lithographed the figures of the various species noted. Miss Brightwell, who was a good Italian scholar and a remarkably able etcher, owed little to teachers, and followed her own methods. She went little into society. Her philanthropic spirit was shown in her exertions and contribution of 180l, for the 'Brightwell' lifeboat put on the Norfolk coast at Blakeney. Her writings (many of them published by the Religious Tract Society) were mainly biographical, and written for the young. Of most importance is her first work, the 'Life of Amelia Opie,' 1854; her father was Mrs. Opie's friend and executor. For some years before her death she was afflicted with cataract, from which her father had also suffered. She died at Norwich on 17 April 1875, and was buried at the Rosary, beside her father. A local print gives the following as a complete list of her unpublished etchings: After Rembrandt: the 'Mill;' the 'Long Landscape;' a Dutch landscape; 'Amsterdam;' another landscape and two figure subjects (from original drawings and etchings in the British Museum. A copy of her reproduction of the 'Long Landscape' is placed beside the original in the British Museum, and has deceived good judges). After Dürer: 'Ecce Homo' (from etching); 'Ecce Homo' (from wood-cut). From painting by Richard Wilson formerly in her father's possession. Twelve figure subjects, including etchings from Raffaello and Fuseli. After Annibale Caracci: 'Holy Family' (from etching). After Marc Antonio Raimondi: 'Dancing Cupids' (from etching). Two small sea subjects from Ruysdael and J. S. Cotman. From nature: 'Bardon Hall, Leicestershire' (seat of descendants of Dr. Jacomb); 'Bradgate Hall, Leicestershire;' 'Flordon Common;' 'Village Street, Flordon;' 'Graves of Ejected Ministers at Oakington, Cambridgeshire;' two landscapes with cottages; landscape in the Dutch manner; etching and drawing of cobbler at his bench. Among her published etchings were: Two views of Mr. Page's house, Ely, formerly residence of Oliver Cromwell (etched in two sizes, but only the larger were published); two views of Ranworth Deciy (in Lubbock's 'Fauna of Norfolk'); 'Bromeholme Priory' (frontispiece to Green's 'History of Bacton'). Her writings were:
 * 1) 'Memorials of the Life of Amelia Opie, selected and arranged from her Letters and Diaries and other manuscripts,' Norwich and London, 1854, 8vo; 2nd ed. 1855, 12mo (preface by Thomas Brightwell).
 * 2) 'Palissy the Huguenot Potter, a Tale,' 1858, 12mo; another edition, 1877, 12mo.
 * 3) 'Life of Linnaeus,' 1858. 12mo.
 * 4) 'Heroes of the Laboratory and Workshop,' 1859, 12mo; 2nd ed. 1860, 12mo.
 * 5) 'Difficulties overcome: Scenes in the Life of A. Wilson,' 1860, 12mo.
 * 6) 'Romance of Incidents in the Lives of Naturalists,' 1861, 8vo.
 * 7) 'Footsteps of the Reformers,' 1861, 8vo.
 * 8) 'Bye-paths of Biography,' 1863, 12mo.
 * 9) 'Above Rubies: Memorials of Christian Gentlewomen,' 1864, 12mo.
 * 10) 'Early Lives and Doings of Great Lawyers,' 1866, 12mo.
 * 11) 'Annals of Curious and Romantic Lives,' 1866, 12mo.
 * 12) 'Annals of Industry and Genius,' new edition, 1869, 8vo; another edition, 1871, 8vo.
 * 13) 'Memorials of the Life of Mr. Brightwell of Norwich,' 1869, 8vo (printed for private circulation).
 * 14) 'The Romance of Modern Missions,' 1870, 8vo.
 * 15) 'Georgie's Present, or Tales of Newfoundland,' 1871, 12mo.
 * 16) 'Memorial Chapters in the Lives of Christian Gentlewomen,' 1871, 12mo.
 * 17) 'Nurse Grand's Reminiscences at Home and Abroad,' 1871, 8vo.
 * 18) 'My Brother Harold, a Tale,' 1872, 8vo.
 * 19) 'Lives of Labour: Eminent Naturalists,' 12mo.
 * 20) 'Men of Mark, a Book of Short Biographies,' 1873, 8vo; another edition, 1879, 8vo.
 * 21) 'So Great Love: Sketches of Missionary Life and Labour,' 8vo (her last publication).

BRIGIT,, of Kildare (453–523), was born at Fochart, now Faugher, two miles north


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 Brigit of Dundalk, a district which was formerly part of Ulster. Her father, Dubhthach, was of the race of Eochaidh Finnfuathairt, grandson of Tuathal Teachtmhar, monarch of Erinn. Her mother Brotsech, or Broiccseach, who belonged to the Dal. Conchobar of South Bregia, was the bondmaid and concubine of Dubhthach. Dr. Lanigan will not hear of this, but the whole early history of Brigit, as told in the Irish life, rests on this fact. It may be observed that in this (as in other cases) there is a notable difference between the story told by Colgan and Lanigan from the Latin lives and the story given in the Irish life. In the former Brigit is a highly educated young lady of noble birth, whose acts are in accordance with the ecclesiastical and social usages of the seventeenth or eighteenth century. In the latter we breathe the atmosphere of an early age, where all is simple and homely, and peculiar customs in church and state meet us, nor did it appear to the writer that the accident of Brigit's birth should lessen our respect for her character and labours. It was an age when slavery existed in Ireland, and the relations between Dubhthach and his bondmaid excited the jealousy of his wife, in consequence of which he had eventually to sell her, retaining, however, a right to her offspring. Bought by a wizard, she was taken by him to Fochart, and there in due time Brigit was born A.D. 453. Here a legend is related, which is of some interest. The mother having gone out one day and left the child covered up in the house, 'the neighbours saw the house wherein was the girl all ablaze, so that the flame reached from earth to heaven ; but when they went to rescue the girl the fire appeared not.' This is one of those references to fire which occur so frequently in connection with St. Brigit as to lead to the conclusion that we have here 'incidents which originally belonged to the myth or ritual of some goddess of fire'. A similar conclusion has been drawn by Schröder from the legend of the demon smiths in the 'Navigation of St. Brendan,' which 'rests, he thinks, on the ground of a Celtic myth of Fire-giants.' It is suggestive that a goddess of the Irish pantheon who presided over smiths was named Brigit, which is interpreted in Cormac's 'Glossary' breo-shaigit, 'the fiery arrow.' Giraldus Cambrensis tells us that at Kildare St. Brigit had a perpetual ashless fire watched by twenty nuns, of whom herself was one, blown by fans or bellows only, and surrounded by a hedge, within which no male could enter.

As the child Brigit grew up, 'everything her hand was set to used to increase and reverence God ; she bettered the sheep ; she tended the blind ; she fed the poor.' But when she came to years of reflection she wished to go home, and the wizard having communicated with her father, he came for her and took her home. There her first care was for her foster mother, but she was not idle; she tended the swine, herded the sheep, and cooked the dinner, and it is characteristic that when 'a miserable greedy hound came into the house' she gave him a considerable part of the repast. And now the thought of her mother in bondage troubled her ; she asked her father's leave to go to her, but 'he gave it not,' so she went without it. 'Glad was her mother when she arrived,' for she was toil-worn and sickly. So Brigit took the dairy in hand, and all prospered, and in the end the wizard and his wife became Christians. Her success in the conversion of the people, then chiefly heathen, is referred to in Broccan's hymn, where she is said to be 'a marvellous ladder for pagans to visit the kingdom of Mary's Son.' On becoming a Christian the wizard generously said to her : 'The butter and the kine that thou hast milked I offer to thee ; thou shalt not abide in bondage to me, serve thou the Lord.' 'Take thou the kine,' she replied, 'and give me my mother's freedom.' But he gave her both, and so she dealt out the kine to the poor and needy, and returned with her mother to Dubhthach's house.

Some time after, Dubhthach and his consort determined to sell her, as 'he liked not his cattle and wealth to be dealt out to the poor, and that is what Brigit used to do.' Taking her in his chariot to the king of Leinster, he offered to sell her to him. 'Why sellest thou thine own daughter ?' said the king. 'She stayeth not,' replied Dubhthach, 'from selling my wealth and giving it to the poor.' The king said, 'Let the maiden come into the fortress.' When she was before him he said, 'Perhaps if I bought you you might do the same with my property.' 'The Son of the Virgin knoweth,' she replied, 'if I had thy might, with all Leinster, and with all thy wealth, I would give them to the Lord of the Elements.' The king then said 'her father was not fit to bargain for her, for her merit was higher before God than before men.' And thus the maiden obtained her freedom.

Dubhthach then tried to get her married, but she refused all offers, and at last he had to consent to her 'dedicating herself to the Lord.' On the occasion of her taking the veil 'the form of ordaining a bishop was read over her by Bishop Mel.' What this means it is not easy to say ; but it is probably intended to convey that he invested her with a rank


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78 like tufts of grass or stones. They represented many pairs of bead-like eyes, that peered over the country at the advancing troops.

The next day the general thought I might rather not go with him than run the risk of such frights; but I well knew there was something far worse than fears for my own personal safety. It is infinitely worse to be left behind, a prey to all the horrors of imagining what may be happening to one we love. You eat your heart slowly out with anxiety, and to endure such suspense is simply the hardest of all trials that come to the soldier's wife.

I gladly consented to be taken along every day, but there never seemed a time when it was not necessary to get accustomed to some new terror. However, it is only the getting used to it that is so bad. It is the unexpected things that require fresh relays of courage. When a woman has come out of danger, she is too utterly a coward by nature not to dread enduring the same thing again; but it is something to know that she is equal to it. Though she may tremble and grow faint in anticipation, having once been through it, she can count on rising to the situation when the hour actually comes.

The rattlesnakes were so numerous on this march that all Texas and Kansas experience seemed to dwarf in contrast. My horse was over sixteen hands high, but I would gladly have exchanged him for a camelopard when I rode suddenly almost upon a snake coiled in the grass, and looked down into the eyes of the upraised head. We counted those we encountered in one day's journey until we were tired. The men became very

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III.] etymology do not determine our use and understanding of the terms. It is, no doubt, an interesting and valuable bit of information for the physicist that galvanism was named after its first discoverer; the fact is one of which no student, no well-informed man even, should be ignorant; but one may use the word galvanism as well for all practical purposes without ever having heard of Galvani; and thousands do it every day. How few of those who talk about electricity are aware that it signifies by derivation 'the quality of being like amber (Greek, elektron),' and has no better ground than the accidental circumstance that the first recognized manifestation of this potent force was the power of attracting light objects exhibited by a piece of amber when rubbed? And as to the etymological reason of elektron itself, as Greek designation of 'amber,' it is irrecoverably lost. It is, however, far from being at our option to declare the etymology of electricity a paltry and insufficient one, and to resolve that we will have a name which shall denote some more essential quality of the force, and of which we can trace the history back to the very beginning; he would be laughed at for a fool who should attempt such a revolution; a designation in the use of which the community are agreed is good enough for any one: it requires no other sanction. If the case were otherwise, if the right to use a word depended in any manner on its etymology, then every human being would have to be an etymologist, prepared to render a reason, when called upon, for everything he utters. But, in fact, only the most skilled and practised student of his native tongue can explain the history of any considerable part of its vocabulary; and even his researches are apt to carry him back through no more than the latest stages of its growth: the ultimate facts are out of his reach.

We study, then, the history of words, not in order to assure ourselves of our right to employ them as we do, but to satisfy a natural curiosity respecting the familiar and indispensable means of our daily intercourse, and to learn something of the circumstances and character of those who established them in use. It is because every act of word-making is a historical act, the work of human minds under the guidance


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Rh

Cock-a-Doodle-Do, My dame has lost her Shoe, The Cat has lost her Fiddle-stick, And knows not what to do.

Round about, round about,  Maggoty pie. My father loves good ale,  And so do I.


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Rh

Old Father Grey-beard,  Tho' now stiff and old, Was once young and lively,  Courageous and bold: Then timely learn this truth, That age soon follows youth.


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130 of human circumstances, that the investigation of language is an inquiry into the internal and external history of men. The results of such investigation are of the most varied character. Sometimes we find at the basis of a word a mere blunder of philosophy, as when we talk about lunatics, as if we still believed the aberration of their wits to depend upon the devious motions of the moon (luna); or a blunder of natural history, as when we call our own native American feathered biped a turkey, in servile imitation of that ill-informed generation of Englishmen, which, not knowing whence he came, but surmising that it might probably enough be Turkey, dubbed him "the Turkey fowl;" or a blunder of geography, as when we style our aborigines Indians, because the early discoverers of this continent set their faces westward from Europe to find India, and thought at first that they had found it. Copper, the magnet, parchment commemorate for us the countries Cyprus, Magnesia, and Pergamos, whence those substances were first brought to the founders of our civilization. Manumit, like candidate, owes its existence to a peculiar Roman custom—of dismissing, namely, with a slap of the hand a slave made free. Money and mint (two different forms of the same original, moneta, the one coming from the French monnaie, the other from the Anglo-Saxon mynet) tell of Roman superstition and Roman convenience: within the imperial city was raised a temple to Juno Moneta, 'Juno the Monisher,' in recognition of the supernatural monitions the goddess had given them in certain crises of their history; and in this temple, as it chanced, was set up the first stamp and die for coining money. We say calculate, because the early Romans reckoned by the aid of little pebbles (calculi). We call a truckling and unscrupulous parasite a sycophant, because it once pleased the men of Athens to pass a law forbidding the exportation of figs from Attica; which, as is apt to be the case with such laws, was little more than a dead letter; while yet there were found in the community certain mean fellows who sought to gain their selfish ends by blabbing, or threatening to blab, of those who violated it (sūko-phantēs, 'fig-blabber'). We put on a "pair of rubbers," because, when that most multifariously


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Rh

away, ride away, Johnny shall ride, And he shall have pussy cat tied to one side, And he shall have little dog tied to the other, And Johnny shall ride to see his godmother.


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Rh

There was a little boy went into a field,  And lay down on some hay, An owl came out and flew about,  And the little boy ran away.

Fee, Faw, Fum, I smell the blood of an earthly man, Let him be alive or dead, Off goes his head.


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Rh

There was a man, and he had nought, And robbers came to rob him; He crept up to the chimney top, And then they thought they had him.

But he got down on t'other side, And then they could not find him: He ran fourteen miles in fifteen days, And never look'd behind him.


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Rh expert and systematic in clearing the camp of these reptiles. If we halted at night in the underbrush, they cut and tore away the reeds and grass, and began at once to beat the ground and kill the snakes. When I say that as many as forty were killed in one night, some literal person may ask if I actually saw the bodies of all those "lately slain!" It is not an exaggerated story, however, and one only needs to see hundreds of men pounding and clearing such a place to realize that many snakes could be disposed of in a short time. After that, when the ground was selected for our camp in the low part of the valley, I was loath to lie down and sleep until the soldiers had come up to prepare the ground. My husband used to indulge this little prejudice of mine against making my head a reproduction of Medusa's, and we often sought the high ground for a rest until the command came up.

The guide rode often at the head of the column, and we found him full of information about the country. We began also to listen for a new domestic disclosure every time we approached an Indian village. He was the most married of any man I ever saw, for in every tribe he had a wife. Still this superfluity did not burden him, for the ceremony of tying a marital knot in the far West is simple, and the wives support themselves. Sometimes he gave us new points about making ourselves comfortable in camp. One day I was very grateful to him. We were far in advance of the wagon-train containing the tents; the sun was scorching; not a tree, nor even a clump of bushes was near. In a brief time, however, the guide had returned from the stream, where

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Rh

Jacky, come give me thy fiddle,  If ever thou mean to thrive. Nay; I'll not give my fiddle  To any man alive.

If I should give my fiddle;  They'll think that I'm gone mad, For many a joyful day  My fiddle and I have had.


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Rh

Little boys come out to play, The moon doth shine as bright as day; Leave your supper, leave your sleep, And come with your playfellows into the street; Come with a hoop, and come with a call, Come with a good wilt, or not at all. Up the ladder and down the wall, A half-penny roll will serve us all. You'll find milk, and I'll find flour, And we'll have a pudding in half an hour. Rh


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Rh

The Cuckoo's a bonny bird, She sings as she flies, She brings us good tidings, And tells us no lies. She sucks little birds' eggs To make her voice clear, And never cries Cuckoo! Till spring time of the year.


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Rh

Baa baa, black sheep, have you any wool? Yes, Mary, have I, three bags full, One for my master, and one for my dame, And one for the little boy that lives in the lane.


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Rh

, goosey gander, Whither dost thou wander, Up stairs and down stairs, And in my lady's chamber. There I met an old man That would not say his prayers, I took him by the left leg, And threw him down stairs.


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Rh

man in the wilderness asked me, How many strawberries grew in the sea? I answered him as I thought good, As many red herrings as grew in the wood.


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Rh


text: Pacchiarotto/Epilogue

title: Pacchiarotto/Epilogue


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Rh

Toby Tickle doth Riddles tell, O'er nut-brown cakes and mugs of ale, And if you guess his Puzzles here, You shall have a Tart, my dear; But should you try much more than once, He will account you a great dunce.


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Rh

we are but twenty-seven,  We change to millions too; Altho' we cannot speak a word,  We tell what others do.


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80 he had cut some willow saplings, and sticking them in the ground made what he called "wik-a-up." He wove the ends loosely together on top, and over this oval cover he threw the saddle blankets. There was just room enough to crawl into this oven-like place, but it was an escape from the heat of the sun, and I was soon asleep. After I emerged the general took my place. When he had taken his nap the dogs crept in; so a very grateful family thanked the guide for teaching us that new device.

The bends in the Missouri River are sometimes so long that the steamer with supplies would have to make a journey of sixty miles while we had perhaps only five to march across the peninsula. All the soldiers, officers' servants, teamsters, and other citizen employés took that time to wash their clothes, for we were two days in camp. The creek on which we halted was lined with bending figures, their arms moving vigorously back and forth as they wrung out each article. Later on the camp looked like an animated laundry. From every tent-rope and bush floated the apparel. I had only a small valise for my summer's outfit, but Mary had soon taken out our few things, and around the kitchen-tent was suspended the family linen. As soon as this was dry she folded and pressed it as best she could, and laid it between the mattresses as a substitute for ironing.

All the way up the river the guide was constantly interviewed as to the chances for fishing. He held out promises that were to be realized upon reaching Choteau Creek. We arrived there on one of the resting-days,

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Rh

sides are firmly lac'd about, Yet nothing is within: You'll think my head is strange indeed, Being nothing else but skin.


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Rh

Without teeth it bites, Without tongue it sings, It foams without anger, And flies without wings.


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Rh

My virtue is such, that I Can do the thing with ease, Which strength and force will never do, Employ them as you please.


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Rh

A wretch there is, whose growing wealth  But serves to make him poorer still; And tho' his chests their thousands boast,  They cannot once his belly fill.


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Rh

Cloth'd in yellow, red, and green,  I prate before the King and Queen; Of neither house nor land possess'd,  By lords and knights I am caress'd.


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Collier's New Encyclopedia (1921)/Azerbaijan, Republic of

AZERBAIJAN, REPUBLIC OF. This new state of Transcaucasia had its birth in circumstances resulting from the World War. Its frontiers are not yet defined with precision, but it has an area of about 57,000 square miles in eastern Caucasia, is bounded on the south and east by Persia and the Caspian Sea, and on the north and west by Daghestan and Georgia. The population is mixed, though the bulk is of Iranian stock with a mixture of Tartars and Turks. After the overthrow of the Russian Czar and the establishment of the Soviet regime the people of Azerbaijan, together with those of Georgia and Russian Armenia, broke away from Russia and formed a joint state, April 22, 1918, which they styled the Federal Republic of Transcaucasia. The interests of the different peoples, however, were so divergent that the experiment came to an end in about five weeks. Georgia was swayed by German influences, the people of Azerbaijan were sympathetic with the Turks who were their co-religionists, while Armenia was strongly in favor of the Allied cause. The Transcaucasian Republic therefore dissolved into its component parts, May 26, 1918, and two days later Azerbaijan declared its own independence.

Baku, the great oil center and seaport of Azerbaijan, was at the time held by the Bolshevists, who in the early spring had captured it after a battle in which the natives lost 12,000 in killed. The new government which had established its seat at Elizabetpol appealed for aid to the Turks, and with the assistance of the latter retook Baku and drove back a Bolshevist army that was threatening Elizabetpol. The Azerbaijan Government then invited General Thomson, the commander of British troops stationed on Persian territory, to occupy Baku, for the

sake of strengthening its defense. The request was acceded to, and British troops took possession of the town Nov. 17, 1918. At the end of 1919 the troops were withdrawn. The independence of Azerbaijan was acknowledged by the Allies in January, 1920.

The Azerbaijan Parliament consists of 120 members, elected by universal suffrage. Representatives of the various races in the state, Russians, Armenians, Poles, and Jews, are included in the membership. The members of the Cabinet are responsible to Parliament. The national budget for 1919 was put at 665,000,000 rubles. The great source of revenue for state purposes is the petroleum industry.


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Rh

 I fly to many foreign parts, Assisted by my spreading wings;  My body holds an hundred hearts. Nay, I will tell you stranger things:  When I am not in haste I ride, And then I mend my pace anon;  I issue fire out from my side; Ye British youths this riddle con.


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Rh

In Spring I look gay, Deck'd in comely array, In Summer more clothing I wear: When colder it grows, I fling off my clothes, And in Winter quite naked appear.


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Rh

There's not a creature moves on ground More harmless than myself is found; Yet ever since the world began I have been slain by cruel man. Altho' I'm stupid, some will say, I speak one word as well as they. Freely tho' my life I give, I'm stript each year to let you live.


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Rh

I am as useful to the nation, As some who move in higher station; And fraught with virtues deem'd inherent, May well be call'd the kings vicegerent; As I his subjects render stronger, And die that they may live the longer.


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Collier's New Encyclopedia (1921)/Azimuth

AZIMUTH, the angular distance of a celestial object from the N. or S. point of the horizon (according as it is the N. or S. pole which is elevated), when the object is referred to the horizon by a vertical circle. Or the angle comprised between two vertical planes, one passing through the elevated pole, the other through the object. It is generally reckoned eastward or westward, from the N. or S. point for 180° either way; but Herschel prefers always reckoning it from the points of the horizon most remote from the elevated pole westward, so as to agree in its general direction with the apparent diurnal motion of the stars. Of course, he therefore counts from 0° to 360°. Azimuths, called also vertical circles, are great circles intersecting each other in the zenith and nadir, and cutting the horizon at right angles in all the points thereof. On these are reckoned the altitude of the stars, and of the sun when he is not in the meridian. A magnetical azimuth is an arch of the horizon, contained between the sun's azimuth circle and the magnetical meridian; or it is the apparent distance of the sun from the N. or S. point of the compass.


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Scug, the subject of what follows, was born in Epping Forest; he was a comical little rogue, and occasioned a great deal of diversion.

One day he saw a great lazy clown sleeping, with his mouth wide open; he directly began to chuck nuts into his mouth, as boys chuck counters into a hole; the nuts rattled against his teeth in such a manner that he soon waked; when perceiving who disturbed him, he ran after Scug to


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Collier's New Encyclopedia (1921)/Delbrück, Martin Friedrich Rudolf von

DELBRÜCK, MARTIN FRIEDRICH RUDOLF VON, a Prussian statesman, born in 1817. After serving for 15 years with the Prussian Bureau of Commerce, he became, in 1859, Director of the Department of Commerce and Industry, in which capacity he consolidated German industry and negotiated important treaties with France, England, Belgium, and other countries. In 1867 he was appointed president of the Chancery of the North-German Confederation, and in the following year was appointed a Prussian minister of state. He was strongly under the influence of Bismarck and was in reality a representative of that statesman. He carried out several important missions to foreign courts. He had much to do with the conclusion of the treaties of Versailles in November, 1870. Until 1876 he was President of the Imperial Chancellery, when he came in conflict with Bismarck over the policy of state railway ownership. In 1881 he retired to private life and died in 1903.


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Rh catch him, but he whipt up into a tree in an instant, and put him at defiance: the clown began to climb after him, when he presently leapt from that tree, and was in a moment upon another. The clown finding it vain to think of catching him by that means, resolved to lay a trap for him; in this he succeeded, for poor Scug fell into the snare, and was taken.

The clown was overjoyed to find he had caught him, and presently put a brass collar round his neck which he had provided for that purpose, and to which he hung a long chain of the same metal; round the collar these words were engraved;

For plaguing me when free, Now taken, I'll plague thee.

The clown was a very ill-natured


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Rh fellow, and had a few days before beaten a farmer's dog, who seeing him coming along with Scug upon his shoulder, resolved to be revenged on him; so he went slily behind him, and gave him a good bite on the calf of the leg, that he roared out like a bull, and thought so much of the pain he was in, he forgot to hold fast the chain; which Scug perceiving, gave him the slip, and scoured away as fast as possible; the clown, recollecting himself, ran after him. The chain was so heavy, that poor Scug found he must soon be taken, he therefore ran into the Parson's yard to seek for shelter, where that pretty good girl, Sally Sampler, the Parson's daughter, happened to be, and kindly took him under her protection. The clown insisted upon having the Squirrel as his right;


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Collier's New Encyclopedia (1921)/Deleb palm

DELEB PALM, the Borassus Æthiŏpum, a native of the interior and W. of Africa, allied to the Palmyra palm. Its leaves and fruits are used by the Africans for the same purposes as those of the Palmyra by the Asiatics, and the tender roots produced by the young plant are extensively used as an article of food.


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Rh but some neighbours coming in, would not let him take it from the young lady: however, they gave him back the collar and chain; but told him, as the Squirrel had of his own accord taken refuge at the feet of Miss Sally, she had a right to him. Miss Sally, out of a little money she had saved, purchased a collar and chain of silver for Scug, upon which she had engraved,

Of running to me  You shall never repent, For I will always endeavour  To give you content.

And indeed she was so kind to Scug, that he never wished for his liberty again, nor would he have parted from her upon any account.

One day as she was walking with him towards the woods where he


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Rh used to, frequent, he suddenly slipped from her; she was sadly afraid he wanted to get away, but he seemingly stopped for her; she went towards him, and when she was pretty near him, he ran a little way farther, and stopt again for her. In this manner, he drew her into the thickest part of the wood, where he began to scratch up the ground with his claws in such a manner, that it raised her curiosity. She took a little knife out of her pocket, and dug up the ground, till she came to a large bag of money.

You may, perhaps, be desirous to know how Scug came to know of this treasure; I'll tell you: While he lived in the woods, he saw a miser bury it; this miser was soon after drowned in trying to wade through a river, in order not to pay the ferry.


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Rh

Soon as the morn salutes your eyes, And from sweet sleep refresh'd you rise, Think on the Author of the light, And praise him for the glorious sight. Take not at night the least repose, Ere you to Heav'n your soul disclose; Consider how you've spent the day, And for Divine protection pray.


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Rh

Come pretty Master—pretty Miss, Be good and gain a book like this; Come learn your Tasks and Scholars be, Your Friends 'twill pleasure mightily. This pretty Gift I will present To all who are on learning bent; And if you read this Book to me, The Rarce Show you then will see.


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The Encyclopedia Americana (1920)/Delbrück, Hans

DELBRÜCK, dĕl'brük, Hans, German historian of military science: b. Bergen, Rügen, 1848. He was educated in Heidelberg, Bonn and Greifswald. He was an officer in the Franco-Prussian War and in 1874 became tutor to Prince Waldemar. He was a member of the Reichstag in 1882-83 and 1884-90 and after 1883 was on the editorial staff of the Preussi s che J ä a hrbücher. He was appointed professor of modern history at the University of Berlin in 1885. He has written several important works on the art of war as practised within historic times. The more important of his works are ‘Die Perserkriege und die Burgunderkriege’ (1887); ‘Die Strategie des Perikles erl aü äu tert durch die Strategie Friedrichs des Grossen’ (1890); ‘Friedrich, Napoleon, Moltke, Aeltere und Neure Strategie’ (1892); ‘Geschichte der Kriegskunst im Rahmen der politischen Geschichte’ (3 vols., 1900-07); ‘Erinnerungen, Aufsätze und Reden’ (1902).


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The Encyclopedia Americana (1920)/Delbrück, Martin Friedrich Rudolf von

DELBRÜCK, Martin Friedrich Rudolf von, German statesman: b. Berlin, 16 April 1817; d. there 1903. He was educated at Halle, Bonn and Berlin. Entering public life in 1849 he was finally made director of the Department of Commerce and Industry (1859); and his part in detaching Prussia from the Austrian commercial policy was considerate. After 1862 Bismarck, then president of the Cabinet, supported von Delbrück's commercial ideas and on the same principles he negotiated treaties with foreign powers. In 1867 Delbrück was made president of the Imperial Chancellory of the North German Federation. In 1870 he negotiated the treaties which made Germany a unit. For five years after the founding of the Empire, Delbrück retained his office as president of the General Chancellory, now become the Imperial Chancellory. In 1876 he was dismissed in spite of his reputation and service. Later, as a member of the Reichstag, he dared oppose Bismarck. He retired from the Reichstag in 1881. In 1896 he received the order of the Black Eagle at the hands of the emperor. He published ‘Der Zollverein und das Tabaksmonopol’ (1857); ‘Der Artikel 46 der Reichsverfassung.’


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The Encyclopedia Americana (1920)/Keokuk, Moses

KEOKUK, Moses, an American Indian of the Sac and Fox tribe, after whom the city of Keokuk, Iowa, was named: b. 1818; d. near Kansas City, Mo., October 1903. Probably the best description of Keokuk's boyhood is contained in Drake's ‘History of the North American Indians.’ It tells of his visit to Washington after the Black Hawk War. Keokuk succeeded his father as chief of the Sac and Fox tribe, and removed with his people from Quenemo, Kan., to their reservation in what is now Oklahoma, in 1868.


text: Index:Seoul, the capital of Korea

title: Index:Seoul, the capital of Korea


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Palsgraf v. Long Island Railroad Co.

Helen Palsgraf, Respondent, v. The Long Island Railroad Company, Appellant

Court of Appeals of New York

248 N.Y. 339; 162 N.E. 99; 59 A.L.R. 1253

February 24, 1928, Argued -- May 29, 1928, Decided

A man carrying a package jumped aboard a car of a moving train and, seeming unsteady as if about to fall, a guard on the car reached forward to help him in and another guard on the platform pushed him from behind, during which the package was dislodged and falling upon the rails exploded, causing injuries to plaintiff, an intending passenger, who stood on the platform many feet away. There was nothing in the appearance of the package to give notice that it contained explosives. In an action by the intending passenger against the railroad company to recover for such injuries, the complaint should be dismissed. Negligence is not actionable unless it involves the invasion of a legally protected interest, the violation of a right, and the conduct of the defendant's guards, if a wrong in relation to the holder of the package, was not a wrong in its relation to the plaintiff standing many feet away.

William McNamara and Joseph F. Keany for appellant. Plaintiff failed to establish that her injuries were caused by negligence of the defendant and it was error for the court to deny the defendant's motion to dismiss the complaint. ( Paul v. Cons. Fireworks Co., 212 N.Y. 117; Hall v. N. Y. Tel. Co., 214 N.Y. 49; Perry v. Rochester Lime Co., 219 N.Y. 60; Pyne v. Cazenozia Canning Co., 220 N.Y. 126; Adams v. Bullock, 227 N.Y. 208; McKinney v. N. Y. Cons. R. R. Co., 230 N.Y. 194; Palsey v. Waldorf Astoria, Inc., 220 App. Div. 613; Parrott v. Wells Fargo & Co., 15 Wall. 524; A., T. & S. Fe Ry. Co. v. Calhoun, 213 U.S. 1; Prudential Society, Inc., v. Ray, 207 App. Div. 496; 239 N.Y. 600.)

Matthew W. Wood for respondent. The judgment of affirmance was amply sustained by the law and the facts. ( Saugerties Bank v. Delaware & Hudson Co., 236 N.Y. 425; Milwaukee & St. Paul Ry. Co. v. Kellogg, 94 U.S. 469; Lowery v. Western Union Tel. Co., 60 N.Y. 198; Insurance Co. v. Tweed, 7 Wall. 44; Trapp v. McClellan, 68 App. Div. 362; Ring v. City of Cohoes, 77 N. Y. 83; McKenzie v. Waddell Coal Co., 89 App. Div. 415; Slater v. Barnes, 241 N.Y. 284; King v. Interborough R. T. Co., 233 N.Y. 330.)

Cardozo, Ch. J. Pound, Lehman and Kellogg, JJ., concur with Cardozo, Ch. J.; Andrews, J., dissents in opinion in which Crane and O'Brien, JJ., concur.

title: Palsgraf v. Long Island Railroad Co.


text:
Palsgraf v. Long Island Railroad Co./Opinion of the Court

[NY340]  [NE99]  Plaintiff was standing on a platform of defendant's railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two men ran forward to catch it. One of the men reached the platform of the car without mishap, though the train was already moving. The other man, carrying a package, jumped aboard the car, but seemed unsteady as if about to fall. A guard on the car, who had held the door open, reached forward to help [NY341]  him in, and another guard on the platform pushed him from behind. In this act, the package was dislodged, and fell upon the rails. It was a package of small size, about fifteen inches long, and was covered by a newspaper. In fact it contained fireworks, but there was nothing in its appearance to give notice of its contents. The fireworks when they fell exploded. The shock of the explosion threw down some scales at the other end of the platform, many feet away. The scales struck the plaintiff, causing injuries for which she sues.

The conduct of the defendant's guard, if a wrong in its relation to the holder of the package, was not a wrong in its relation to the plaintiff, standing far away. Relatively to her it was not negligence at all. Nothing in the situation gave notice that the falling package had in it the potency of peril to persons thus removed. Negligence is not actionable unless it involves the invasion of a legally protected interest, the violation of a right. "Proof of negligence in the air, so to speak, will not do" (Pollock, Torts [11th ed.], p. 455; Martin v. Herzog, 228 N.Y. 164, 170; cf. Salmond, Torts [6th ed.], p. 24). "Negligence is the absence of care, according to the circumstances" (Willes, J., in Vaughan v. Taff Vale Ry. Co., 5 H. & N. 679, 688; 1 Beven, Negligence [4th ed.], 7; Paul v. Consol. Fireworks Co., 212 N.Y. 117; Adams v. Bullock, 227 N.Y. 208, 211; Parrott v. Wells-Fargo Co., 15 Wall. [U.S.] 524). The plaintiff as she stood upon the platform of the station might claim to be protected against intentional invasion of her bodily security. Such invasion is not charged. She might claim to be protected against unintentional invasion by conduct involving in the thought of reasonable men an unreasonable hazard that such invasion would ensue. These, from the point of view of the law, were the bounds of her immunity, with perhaps some rare exceptions, survivals for the most part of ancient forms of liability, where conduct is held to be at the peril of the actor ( Sullivan v. Dunham, 161 N.Y. 290). [NY342] If no hazard was apparent to the eye of ordinary vigilance, an act innocent and harmless, at least to outward seeming, with reference to her, did not take to itself the quality of a tort because it happened to be a wrong, though apparently not one involving the risk of bodily insecurity, with reference to some one else. "In every instance, before negligence can be predicated of a given act, back of the act must be sought and found a duty to the individual complaining, [NE100]  the observance of which would have averted or avoided the injury" (McSherry, C. J., in W. Va. Central R. Co. v. State, 96 Md. 652, 666; cf. Norfolk & Western Ry. Co. v. Wood, 99 Va. 156, 158, 159; Hughes v. Boston & Maine R. R. Co., 71 N. H. 279, 284; U.S. Express Co. v. Everest, 72 Kan. 517; Emry v. Roanoke Nav. Co., 111 N. C. 94, 95; Vaughan v. Transit Dev. Co., 222 N. Y. 79; Losee v. Clute, 51 N.Y. 494; DiCaprio v. N. Y. C. R. R. Co., 231 N.Y. 94; 1 Shearman & Redfield on Negligence, § 8, and cases cited; Cooley on Torts [3d ed.], p. 1411; Jaggard on Torts, vol. 2, p. 826; Wharton, Negligence, § 24; Bohlen, Studies in the Law of Torts, p. 601). "The ideas of negligence and duty are strictly correlative" (Bowen, L. J., in Thomas v. Quartermaine, 18 Q. B. D. 685, 694). The plaintiff sues in her own right for a wrong personal to her, and not as the vicarious beneficiary of a breach of duty to another.

A different conclusion will involve us, and swiftly too, in a maze of contradictions. A guard stumbles over a package which has been left upon a platform. It seems to be a bundle of newspapers. It turns out to be a can of dynamite. To the eye of ordinary vigilance, the bundle is abandoned waste, which may be kicked or trod on with impunity. Is a passenger at the other end of the platform protected by the law against the unsuspected hazard concealed beneath the waste? If not, is the result to be any different, so far as the distant passenger is concerned, when the guard stumbles over a valise [NY343]  which a truckman or a porter has left upon the walk? The passenger far away, if the victim of a wrong at all, has a cause of action, not derivative, but original and primary. His claim to be protected against invasion of his bodily security is neither greater nor less because the act resulting in the invasion is a wrong to another far removed. In this case, the rights that are said to have been violated, the interests said to have been invaded, are not even of the same order. The man was not injured in his person nor even put in danger. The purpose of the act, as well as its effect, was to make his person safe. If there was a wrong to him at all, which may very well be doubted, it was a wrong to a property interest only, the safety of his package. Out of this wrong to property, which threatened injury to nothing else, there has passed, we are told, to the plaintiff by derivation or succession a right of action for the invasion of an interest of another order, the right to bodily security. The diversity of interests emphasizes the futility of the effort to build the plaintiff's right upon the basis of a wrong to some one else. The gain is one of emphasis, for a like result would follow if the interests were the same. Even then, the orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty. One who jostles one's neighbor in a crowd does not invade the rights of others standing at the outer fringe when the unintended contact casts a bomb upon the ground. The wrongdoer as to them is the man who carries the bomb, not the one who explodes it without suspicion of the danger. Life will have to be made over, and human nature transformed, before prevision so extravagant can be accepted as the norm of conduct, the customary standard to which behavior must conform.

The argument for the plaintiff is built upon the shifting meanings of such words as "wrong" and "wrongful," and shares their instability. What the plaintiff must [NY344]  show is "a wrong" to herself, i. e., a violation of her own right, and not merely a wrong to some one else, nor conduct "wrongful" because unsocial, but not "a wrong" to any one. We are told that one who drives at reckless speed through a crowded city street is guilty of a negligent act and, therefore, of a wrongful one irrespective of the consequences. Negligent the act is, and wrongful in the sense that it is unsocial, but wrongful and unsocial in relation to other travelers, only because the eye of vigilance perceives the risk of damage. If the same act were to be committed on a speedway or a race course, it would lose its wrongful quality. The risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension (Seavey, Negligence, Subjective or Objective, 41 H. L. Rv. 6; Boronkay v. Robinson & Carpenter, 247 N.Y. 365). This does not mean, of course, that one who launches a destructive force is always relieved of liability if the force, though known to be destructive, pursues an unexpected path. "It was not necessary that the defendant should have had notice of the particular method in which an accident would occur, if the possibility of an accident was clear to the ordinarily prudent eye" ( Munsey v. Webb, 231 U.S. 150, 156; Condran v. Park & Tilford, 213 N.Y. 341, 345; Robert v. U.S. E. F. Corp., 240 N.Y. 474, 477). Some acts, such as shooting, are so imminently dangerous to any one who may come within reach of the missile, however unexpectedly, as to impose a duty of prevision not far from that of an insurer. Even today, and much oftener in earlier stages of the law, one acts [NE101]  sometimes at one's peril (Jeremiah Smith, Tort and Absolute Liability, 30 H. L. Rv. 328; Street, Foundations of Legal Liability, vol. 1, pp. 77, 78). Under this head, it may be, fall certain cases of what is known as transferred intent, an act willfully dangerous to A resulting by misadventure in injury to B ( Talmage v. Smith, 101 Mich. 370, 374) [NY345]  These cases aside, wrong is defined in terms of the natural or probable, at least when unintentional ( Parrot v. Wells-Fargo Co. [The Nitro-Glycerine Case], 15 Wall. [U.S.] 524). The range of reasonable apprehension is at times a question for the court, and at times, if varying inferences are possible, a question for the jury. Here, by concession, there was nothing in the situation to suggest to the most cautious mind that the parcel wrapped in newspaper would spread wreckage through the station. If the guard had thrown it down knowingly and willfully, he would not have threatened the plaintiff's safety, so far as appearances could warn him. His conduct would not have involved, even then, an unreasonable probability of invasion of her bodily security. Liability can be no greater where the act is inadvertent.

Negligence, like risk, is thus a term of relation. Negligence in the abstract, apart from things related, is surely not a tort, if indeed it is understandable at all (Bowen, L. J., in Thomas v. Quartermaine, 18 Q. B. D. 685, 694). Negligence is not a tort unless it results in the commission of a wrong, and the commission of a wrong imports the violation of a right, in this case, we are told, the right to be protected against interference with one's bodily security. But bodily security is protected, not against all forms of interference or aggression, but only against some. One who seeks redress at law does not make out a cause of action by showing without more that there has been damage to his person. If the harm was not willful, he must show that the act as to him had possibilities of danger so many and apparent as to entitle him to be protected against the doing of it though the harm was unintended. Affront to personality is still the keynote of the wrong. Confirmation of this view will be found in the history and development of the action on the case. Negligence as a basis of civil liability was unknown to mediaeval law (8 Holdsworth, History of English Law, p. 449; Street, Foundations of Legal Liability, vol. 1, [NY346]  pp. 189, 190). For damage to the person, the sole remedy was trespass, and trespass did not lie in the absence of aggression, and that direct and personal (Holdsworth, op. cit. p. 453; Street, op. cit. vol. 3, pp. 258, 260, vol. 1, pp. 71, 74.) Liability for other damage, as where a servant without orders from the master does or omits something to the damage of another, is a plant of later growth (Holdsworth, op. cit. 450, 457; Wigmore, Responsibility for Tortious Acts, vol. 3, Essays in Anglo-American Legal History, 520, 523, 526, 533). When it emerged out of the legal soil, it was thought of as a variant of trespass, an offshoot of the parent stock. This appears in the form of action, which was known as trespass on the case (Holdsworth, op. cit. p. 449; cf. Scott v. Shepard, 2 Wm. Black. 892; Green, Rationale of Proximate Cause, p. 19). The victim does not sue derivatively, or by right of subrogation, to vindicate an interest invaded in the person of another. Thus to view his cause of action is to ignore the fundamental difference between tort and crime (Holland, Jurisprudence [12th ed.], p. 328). He sues for breach of a duty owing to himself.

The law of causation, remote or proximate, is thus foreign to the case before us. The question of liability is always anterior to the question of the measure of the consequences that go with liability. If there is no tort to be redressed, there is no occasion to consider what damage might be recovered if there were a finding of a tort. We may assume, without deciding, that negligence, not at large or in the abstract, but in relation to the plaintiff, would entail liability for any and all consequences, however novel or extraordinary ( Bird v. St. Paul F. & M. Ins. Co., 224 N.Y. 47, 54; Ehrgott v. Mayor, etc., of N. Y., 96 N.Y. 264; Smith v. London & S. W. Ry. Co., L. R. 6 C. P. 14; 1 Beven, Negligence, 106; Street, op. cit. vol. 1, p. 90; Green, Rationale of Proximate Cause, pp. 88, 118; cf. Matter of Polemis, L. R. 1921, 3 K. B. 560; 44 Law Quarterly Review, 142). There is room for [NY347]  argument that a distinction is to be drawn according to the diversity of interests invaded by the act, as where conduct negligent in that it threatens an insignificant invasion of an interest in property results in an unforseeable invasion of an interest of another order, as, e. g., one of bodily security. Perhaps other distinctions may be necessary. We do not go into the question now. The consequences to be followed must first be rooted in a wrong.

The judgment of the Appellate Division and that of the Trial Term should be reversed, and the complaint dismissed, with costs in all courts.