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A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
Within the meaning of an exemption law, one or more horses, with their harness and ^the vehicle to which they are customarily attached for use.' The animals which a hduseholder or the head of a family uses in the business of providing for his family.* In a statute allowing damages for injury from the condition of a highway, was held to include a horse driven with other horses unharnessed." Eeferring to turning out on meeting in a highway, may mean a vehicle, with animals drawing it, and used for loads instead of persons." A statute making a railroad company liable in damages for injuring ".live-stock running at large " at a place where it should have fenced its track, was held to include a runaway "team," that is, two or more horses, oxen or other beasts, harnessed together to the same vehicle for driving.'^ Team work. In a statute exempting from execution two horses kept and used for team work, means work done by a team as a substantial part of a man's business. ^ Teamster. One who drives a team; also, one who habitually drives a team, or is engaged in the business of teaming as a means of earning a livelihood.'
See Caeeier, Common; EOAD, 1, Law of. " Snyder v. Marks, 109 U. S. 189, 193 (1883), cases. See generally 18 F. E. 445-65 (1883), cases. 2 Seymour u. Over-Elver School District, 53 Conn. 609 (1885).
On rights as between teacher and pupil, see 25 Cent. Law J. 339 (1887), cases. " Dains v. Prosser, 32 Barb. 291 (1860), cases; Brown V. Davis, 9 Hun, 44 (1876). ■> Wilcox 11.
Hawley, 81 N. T. 653 (1864); 47 Barb. 497. " Elliott V. Lisbon, 57 N. H. 29-30 (1876), cases. " Hotchkiss V. Hoy, 41 Conn. 577 (1874). ' Inman v. Chicago, &c. R. Co., 60 Iowa, 463 (1883). 'Hickock V. Thayer, 49 Vt. 375 (1877). TECHiaCAL.i 1.
Pertaining to an art, trade, science, profession, or vocation; artificial. Technical language is construed in the sense generally received in the business or calling to which the subject-matter relates, unless it is apparent that the words were understood in another sense.
3.
As employed in law or jurisprudence; legal; opposed, in some relations, to actual and moral; as, technical or a technical — estoppel, fraud, malice, trust, qq. v. See further Aet, 3; CoNSTETJCTiON; Contract; Indictment; Statute; Will, 2; French; Latin. Technical culpability exists where a person transgresses a law without intending to do an unlawful act. Thus, the merest touching of another's person or clothing may amount to a battery, and be punishable as a crime. See also Fraud, Constructive. Teclinicalities are unintended applications of rules designed to give effect to principles imperfectly understood, and rigidly adhered to from fear that departure from them should relax legal rules in general... Once established, they are adhered to partly because they are looked upon as the outworks of the principles which they distort; partly from a perception of the truth that an inflexible adherence to established rules, even at the expense of particular hardships, is essential to the impartial odministi'ation of justice; and partly because to a certain kind of mind arbitrary rules are pleasant in themselves.. As long as the doctrines of any department of knowledge are supposed to be absolutely true, technicalities are devised and maintained by those who believe in the doctrines, and are treated as a reductio ad absurdum by those who deny their truth. Wider experience demonstrates that a technicality or absurd inference from an alleged truth shows not that the proposition from which it follows is wholly untrue, but only that it is imperfectly expressed. Technicalities thus mark the progress of knowledge. '
See Certainty.