assertion that the corporations had in their earlier days been wont to settle their differences by wager of battle. Like the wager of battle, the deodand was a feature of the English common law derived from the feudal period. It was nothing more nor less than a species of fine, everything through the instrumentality of which accidental death occurred being forfeited to the crown; or, in lieu of the thing itself, its supposed money value as assessed by a coroner's jury.[2] Accordingly, down to somewhere about the year 1847, when the practice was finally abolished by act of Parliament, we find in all cases of English railroad accidents resulting in death, mention of the deodand assessed by coroner's juries on the locomotives. These appear to have been arbitrarily fixed, and graduated in amount as the circumstances of the particular accident seemed to excite in greater or less degree the sympathies or the indignation of the jury. In November, 1838, for instance, a locomotive exploded on the Manchester & Liverpool road, killing its engineer and fireman: and for this escapade a deodand of twenty pounds was assessed upon it by the coroner's jury; while upon another occasion, in 1839, where the locomotive struck and killed a man and horse at a street crossing, the deodand was fixed at no less a sum than fourteen hundred pounds, the full value of the engine. Yet in this last case there did not appear to be any circumstances rendering the corporation liable in civil damages. The deodand seems to have been looked upon as a species of rude penalty imposed on the use of dangerous appliances,--a sharp reminder to the corporations to look closely after their locomotives and employés. As, however, accidents increased in frequency it became painfully apparent that "crowner's 'quest law" was not in any appreciable degree better calculated to command the public respect in the days of Victoria than in those of Elizabeth, and the ancient usage was accordingly at last abolished. Certainly the position of railroad corporations would now be even more hazardous than it is, if, after every catastrophe resulting in death, the coroner's jury of the vicinage enjoyed the power of arbitrarily imposing on them such additional penalty not exceeding the value of a locomotive, in addition to all other liabilities, as might seem to it proper under the circumstances of the case.