lied invitations to children. There has
been a great deal of controversy over this important rule. Those
opposed say, if everywhere applied, it would render the owner of a
fruit tree, for example, liable for damages to a trespassing boy who,
in attempting to get the fruit, should fall from the tree and be
injured. Professor Burdick, after a full review of the cases, says
that the tide of judicial opinion is setting the other way. Children,
therefore, who invade the premises of a person without any right are
trespassers like older people. The duty of caring for children remains
with their parents and guardians; and if they are injured while
unlawfully going on the land of others their parents cannot visit the
consequences of their neglect on the owners of the land where the
injuries happened.

=Warranty.=--The law, assuming that the purchaser knows or can find
out the quality and worth of things, does not make an implied warranty
of them generally. The legal maxim is, "Let the purchaser beware." He
must take care of himself. In many cases, though, he does obtain a
warranty. He must, however, distinguish between this and a mere
representation. It may be difficult to draw the line always, but it
exists. A statement that is not intended as a warranty, made simply to
awaken the buyer's interest in the thing for sale, is not a warranty.
Nor does the law imply a warranty from the payment of a full price.
Formerly, when a commodity was adulterated, it could be returned, and
the courts became sorely troubled to defend an adulteration. More
recently, statutes have cleared away the difficulty, and are a great
protection to buyers. In many cases, doubtless, they know more about
the quality and condition of the things they buy than the
inexperienced salesmen who are behind the counters, so they need no
protection from the law; when they do need it a warranty may serve a
good purpose. In articles concerning which the seller does possess a
superior knowledge, precious stones, drugs, medicines, and the like,
the modern law has raised an implied warranty for the buyer's
protection. In this class of cases the buyer and seller do not deal on
equal terms. The vendor is professedly an expert.

In a sale of food there is no longer an implied warranty of fitness,
unless the buyer expressly or by inspection acquaints the seller with
the purpose of the purchase and unless it appears that the buyer
relies on the seller's skill and judgment.