| |
| META TOPICPARENT | name="PaperTopics" |
|---|
Armorie v. Delamirie (1722) K.B., 1 Strange 505, 93 ER 664 |
| | 1. Finders Keepers (except against the prior owner) |
|
>
> | This case is a staple of modern property textbooks for the proposition that one who finds a chattel is considered its owner against anyone in the world other than its prior and rightful owner. |
| | 2. Respondeat Superior |
|
>
> | Armory is not considered an important case in the development of the doctrine of Respondeat Superior. |
| | 3. Spoliation of Evidence |
|
<
< | Based on the interpretive canon omnia praesumuntur contra spoliatorem, which urges judges to presume 'all things' against the spoliator of the evidence: .” Ariel Porat, Liability Under Uncertainty: Evidential Deficiency and the Law of Torts 11 (2001). Armory is considered “one of the first recorded instances of spoliation of evidence.” Margaret M. Koesel et al, Spoliation of Evidence ix-x (2006). |
>
> | Armory is considered “one of the first instances of spoliation of evidence. Under this evidentiary rule, courts presume that evidence a party has concealed or destroyed would have been injurious to their case, based on the interpretive canon omnia praesumuntur contra spoliatorem, ('all things' against the spoliator of the evidence). See Ariel Porat, Liability Under Uncertainty: Evidential Deficiency and the Law of Torts 11 (2001); Margaret M. Koesel et al, Spoliation of Evidence ix-x (2006). |
| | Interpellating Armory: Chimney Sweeps and their Apprentices |
| | Relevant Historiography |
|
<
< | * climbing_boys_strange_ch_2.pdf: Kathleen H. Strange, Climbing Boys: A Study of Sweeps' Apprentices, 1773-1875 (1982), Ch. 2. |
>
> | Kathleen H. Strange, Climbing Boys: A Study of Sweeps' Apprentices, 1773-1875 (1982), Ch. 2 |
| | |
|
<
< | * cullingford_ch_4.pdf: Benita Cullingford, British Chimney Sweeps: Five Centuries of Chimney Sweeping (2001), ch. 4. |
>
> | Benita Cullingford, British Chimney Sweeps: Five Centuries of Chimney Sweeping (2001), Ch. 4 |
| | |
|
<
< | * Peter Kirby, Child Labour in Britain, 1750-1870 19-20 n.2 (2003) |
>
> | Peter Kirby, Child Labour in Britain, 1750-1870 19-20 n.2 (2003) |
| | |
|
<
< | Peter Kirby offers some empirical revisionism to our populist love affair with the Dickensian image of Chimney Sweep's apprentices: |
>
> | Peter Kirby offers some empirical revisionism as a corrective to our populist love affair with the picturesque Dickensian and post-Mary-Poppins image of Chimney Sweeps' apprentices: |
| | "Chimney-sweepers' apprentices, for example, loom large in the popular historical imagination but were very small in number. Much of their high visibility resulted from the campaigning of Jonas Hanway in the eighteenth century and Lord Shaftesbury and Charles Kingsley in the nineteenth [in the 1863 novel The Water Babies]. In 1841, the number of sweeps' apprentices aged below 10 in London was estimated by Mayhew to be 370 (at a time when London's population numbered 2.2 million). Hanway estimated that in 1785 there were 400 to 550 climbing boys in London, and an estimate from seven years later supposed their number to be 500. . . According to the census of 1851, there were 1107 British chimney-sweeps aged below 15 in Britain."
Climbing Boys in Literature and Art |
|
<
< | William Blake published two version of his poem "The Chimney Sweep," once in Songs of Innocence (1789) and then in Songs of Experience (1794). |
>
> | William Blake published two versions of his poem "The Chimney Sweep," once in Songs of Innocence (1789) and then in Songs of Experience (1794). |
| | Scrotum Cancer |
|
<
< | Soot and chemicals it contained led to a notoriously high rate of scrotal cancer among chimney sweep's boys. |
>
> | Soot and the chemicals it contained led to a notably high rate of scrotal cancer among chimney sweep's boys.
Brown & Thornton, Percivall Pott & Chimney Sweepers' Cancer of the Scrotum (1957)
Pott's 1775 treatise, Chirurgical observations Relative to the Cataract, the Polypus of the Nose, the Cancer of the Scrotum, . . ., which includes an account of scrotum cancer among chimney sweepers has been cited as the first description of an occupational cancer:
". . . there is a disease as peculiar to a certain set of people, which has not, at least to my knowledge, been publickly noticed; I mean the chimney-sweepers' cancer . . . it produced a superficial, painful, ragged, ill-looking sore, with hard and rising edges. The trade call it the soot-wart . . . The fate of these people seems singularly hard; in their early infancy, they are most frequently treated with great brutality, and almost starved with cold and hunger; they are thrust up narrow, and sometimes hot chimnies, where they are bruised, burned, and almost suffocated; and when they get to puberty, become peculiarly liable to a most noisome, painful, and fatal disease."
Henry T. Butlin, Three Lectures on Cancer of the Scrotum in Chimney-Sweeps (1892) |
| | |
|
<
< | * butlin_scrotum_cancer_article.pdf: Henry T. Butlin, Three Lectures on Cancer of the Scrotum in Chimney-Sweeps (1892) |
>
> | Butlin considers possible reasons that chimney sweeps on the continent suffer a much lower rate of scrotum cancer. He hypothesizes that it is owing to protective clothing which varies by local custom that: |
| | |
|
>
> | "in spite of every other condition which may be regarded as favourable to the disease, including the employment of children as 'climbing boys,' it is really almost unknown in those countries." |
| | |
|
<
< | * pott_scrotum_article.pdf: Brown & Thornton, Percivall Pott & Chimney Sweepers' Cancer of the Scrotum (1957) |
>
> | Walter Jacobson, Diseases of the Male Organs of Generation (1893) |
| | |
|
>
> | Jacobson argues against Butlin's belief in the protective properties of specialized clothing and also departs from medical consensus holding that improved sweeping technology has reduced the incidence of cancer by allowing one to sweep from below rather than inside the chimney. Instead, Jacobson proposes: |
| | |
|
<
< | * Jacobson_scrotum_cancer.pdf: From Walter Jacobson, Diseases of the Male Organs of Generation (1893) |
>
> | "A more important explanation than the intersection of machinery, is to be found in the fact that chimney-sweeps, being no longer employed in boyhood, the delicate scrotal skin is not exposed so early or so long to the irritation of soot." |
| | Paul De Lamerie |