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‘Cooke’s style is a digestible delivery pitching somewhere between the real intellectual voice
and the accessible lecturer’s voice. In this respect, it is the best text in this part of the market.’ Twelfth Edition
Alison Turnbull, Senior Teaching Fellow, Birmingham City University
‘The author should be commended on doing a very good job – he has made
Tort law clear and easy to access without over-simplifying a complex area.’ Twelfth LAW OF
TORT
Kate Harrington, Lecturer in Law, University of Exeter Edition
LAW OF TORT
LAW OF TORT John Cooke
John Cooke
Twelfth Edition
Law of Tort, part of the Foundations Series, offers a comprehensive, clear and straightforward
account of the law ideal for LLB and GDL students.
This twelfth edition has been fully updated with all recent developments in tort law, including:
• A new chapter on the liability of the public authorities
• An explanation of the impact of the Defamation Act 2013
• An examination of significant recent cases, such as Lawrence and another v Fen Tigers Ltd
[2014] and Barr v Biffa Waste Services Ltd [2012].
Cooke
foundations series
www.pearson-books.com
ii
Law of Tort
JOHN COOKE
Emeritus Professor of Common Law
Liverpool John Moores University
iii
The right of John Cooke to be identified as author of this work has been asserted by him in accordance with
the Copyright, Designs and Patents Act 1988.
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Contains public sector information licensed under the Open Government Licence (OGL) v3.0.
www.nationalarchives.gov.uk/doc/open-government-licence. Contains Parliamentary information
licensed under the Open Parliament Licence v3.0.
Pearson Education is not responsible for the content of third-party internet sites.
ISBN: 978–1–292–06282–2 (print)
978–1–292–06287–7 (PDF)
978–1–292–06283–9 (eText)
10 9 8 7 6 5 4 3 2 1
19 18 17 16 15
Preface xv
Table of cases xvii
Table of statutes and other statutory material xxxiii
Acknowledgements xxxvii
vi
Preface xv
Table of cases xvii
Table of statutes and other statutory material xxxiii
Acknowledgements xxxvii
vii
3 Duty of care 43
Introduction 43
Historical development 44
Other tests 58
Conclusion 61
Summary 63
Further reading 64
4 Psychiatric damage 65
Introduction 65
Problems raised 66
The medical background and public scepticism 66
Historical development 68
Types of claim 69
Primary and secondary victims 69
Primary victims 70
Secondary victims 75
Conclusion 80
Summary 81
Further reading 82
5 Economic loss 83
Introduction 83
Arguments against the recovery of pure economic loss in negligence 84
Historical development 86
Development of the Hedley Byrne principle 88
Development of liability for economic loss outside the Hedley Byrne principle 98
The extended Hedley Byrne principle 104
Conclusions 108
A new matrix for economic loss? 110
Summary 114
Further reading 115
viii
ix
Defences 336
Remedies 338
Summary 341
Further reading 341
17 Nuisance 342
Introduction 342
Statutory nuisances 344
Public nuisance 344
Private nuisance 347
Question 354
Nuisance and fault 362
Remedies 363
Defences 366
Question 367
Nuisance and human rights 369
Question 373
Summary 374
Further reading 375
xi
21 Defamation 427
Introduction 427
Reform 428
Features of defamation 428
Damages 430
Libel and slander 432
The claimant’s case 433
Defamatory meaning 433
Reference to the claimant 438
Publication 440
Libel and internet publication 443
Defences 444
Truth ( justification) 445
Honest opinion 447
Absolute privilege 454
Qualified privilege 456
Remedies 470
Parties 471
Rehabilitation of Offenders Act 1974 471
Defamation and the Human Rights Act 1998 472
Question 474
Summary 475
Further reading 476
22 Privacy 478
Introduction 478
What is privacy? 479
The general principle 481
The position in English law 481
Case law and principles on privacy since the Human Rights Act 1998 487
Limits to protection 500
Remedies 501
Conclusions on privacy 503
Summary 503
Further reading 504
xii
26 Limitation 535
Introduction 535
Accrual of causes of action 536
Limitation periods 536
Defective buildings and latent damage 540
Miscellaneous limitation periods 541
Fraud or concealment 541
Summary 541
Further reading 542
xiii
28 Remedies 547
Introduction 547
Damages 547
Effect of death on an award of damages for personal injuries 561
Injunctions 565
Self-help 565
Question 565
Summary 567
Further reading 569
xiv
The major area of change since the last edition has been defamation. The Defamation Act
2013 is now in force. Whether it will make a substantial difference to litigation in defama-
tion is still a matter of controversy. Perhaps the major legal innovations have yet to come
in the area of new technology. What was noticeable in the Leveson Report was that it
shone a spotlight on what is a fading and obsolete method of reporting, newspapers. The
more complex area of new technology must wait for another day.
Nuisance has also had a relatively lively period with decisions in Lawrence v Fen Tigers
and Barr v Biffa.
The structural change to the book is the addition of an extra chapter on Liability of
public authorities (Chapter 7). This topic was previously dealt with in the old Chapter 6.
The much litigated area of liability of the police in negligence has moved from Chapter 3
to the new Chapter 7.
Thanks go to the editorial and sales staff at Pearson for their great assistance.
My thanks go to my wife Joan for her support and to my former colleagues and students
at Liverpool John Moores University for everything they have taught me.
I have attempted to state the law as it was at 20 July 2014.
John Cooke
22 July 2014
xv
4 Eng Ltd v Harper [2008] EWHC 915 (Ch) 187, 508, Allason v Haines [1996] EMLR 143 455
513 Allen v Gulf Oil Refining Ltd [1981] 1 All ER 353 368,
371, 375
A (children) (conjoined twins: surgical separation), Allied Maples Group v Simmons & Simmons [1995]
Re [2001] Fam 147 311 All ER 907; [1995] 1 WLR 1602 186
A v B (a company) [2002] 2 All ER 545 491, 498 Allin v City & Hackney Health Authority [1996]
A v Hoare [2006] 1 WLR 2320 (CA); [2008] 2 All ER 7 Med LR 91 79
1 (HL) 420, 538, 539, 542 Allsop v Church of England Newspaper Ltd [1972]
A v Liverpool City Council [1981] 2 All ER 385; [1982] 2 QB 161 436
AC 363 286 Ancell v McDermott [1993] 4 All ER 355 130
A v National Blood Authority [2001] 3 All ER 289 269, Anchor Brewhouse Developments Ltd v Berkley House
271, 274, 276 (Dockland Developments) Ltd (1987) 38 BLR 82
AB v Ministry of Defence [2012] UKSC 9 539 334
AB v South West Water Services Ltd [1993] 1 All ER Anderson v Newham College of Further Education
609 549, 550, 551 [2003] ICR 212 217
AB v Thameside & Glossop Health Authority [1997] Anderson v Oppenheimer (1880) 5 QBD 602 380
8 Med LR 91 79 Andreae v Selfridge & Co Ltd [1938] Ch 1 359
AK (adult patient) (medical treatment: consent), Andrews v Schooling [1991] 3 All ER 723 256
Re [2001] 1 FLR 129 308 Aneco Reinsurance Underwriting Ltd (In Liquidation)
Abouzaid v Mothercare (UK) Ltd [2000] EWCA Civ v Johnson & Higgins [2002] 1 Lloyd’s Rep 157 94
348; [2000] All ER (D) 2436 (Dec) 271, 276 Angel v H Bushel Ltd [1968] 1 QB 813 470
Acton v Graham Pearce [1997] 3 All ER 909 56 Anns v Merton London Borough Council [1978]
Addie v Dumbreck Collieries [1929] AC 358 244 AC 728 45–7, 51, 63, 100, 103, 256, 257
Admiralty Comrs v SS Volute [1922] 2 AC 242 218 Archer v Brown [1984] 2 All ER 267 551, 567
Airedale NHS Trust v Bland [1993] 1 All ER 821 24, Argyll (Duchess) v Duke of Argyll [1967] Ch 302 485
307, 326 Arthur v Anker [1996] 2 WLR 602 339
Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd Ashley v Chief Constable of Sussex Police [2007]
[2009] EWHC 1717 (QB); [2010] QB 204; [2010] 1 WLR 398 (CA); [2008] UKHL 25; [2008]
2 All ER 311 510 3 All ER 573 (HL) 20, 408, 413, 544, 545
Alcoa Minerals of Jamaica Inc v Broderick [2000] Ashton v Turner [1981] QB 137 225, 226, 566
3 WLR 23 195 Associated Provincial Picture Houses Ltd v
Alcock v Chief Constable of the South Yorkshire Wednesbury Corpn [1948] 1 KB 223 128, 130
Police [1991] 4 All ER 907 (HL); affirming [1991] Aswan Engineering Establishment Co v Lupdine Ltd
3 All ER 88 (CA); reversing in part [1992] 1 AC 310 [1987] 1 All ER 135 268
(QBD) 62, 69, 73, 77–9, 81, 82, 300 Atkinson v Newcastle Waterworks Co (1877)
Alexandrou v Oxford [1993] 4 All ER 328 52, 128–30, 2 ExD 441 282
135 Attia v British Gas plc [1987] 3 All ER 455 65, 80
Aliakmon, The. See Leigh & Sillavan Ltd v Aliakmon Attorney General v Cory Brothers & Co Ltd [1921]
Shipping Co Ltd 1 AC 521 380, 389
Alker v Collingwood Housing Association [2007] Attorney General v Guardian Newspapers (No 2)
1 WLR 2230 253 (Spycatcher case) [1990] 1 AC 109 486
xvii
Attorney General v PYA Quarries Ltd [1957] 2 QB 169 Bisset v Wilkinson [1927] AC 177 507
344, 374 Blake v Barnard (1840) 9 C&P 626 412
Attorney General v Times Newspapers [1973] QB 710 Blake v Galloway [2004] 3 All ER 315 208
268 Blyth v Birmingham Waterworks Co (1856) 11 Ex 781
Austin v Metropolitan Police Commissioner [2009] 149
UKHL 5; [2009] 2 WLR 372; [2009] 3 All ER 455 Blyth v Bloomsbury Health Authority (1987) 5 PN 167
(HL); affirming [2008] 1 All ER 564; [2007] 322
EWCA Civ 989 (CA); affirming [2005] EWHC 480 Bocardo SA v Star Energy UK Onshore Ltd [2010]
(QB) (QBD) 414, 417 UKSC 35 335
Bogle v McDonald’s Restaurants Ltd [2002] EWHC
B (adult: refusal of medical treatment), Re [2002] 490 277
2 All ER 449 308 Bolam v Friern Hospital Management Committee
Badger v Ministry of Defence [2006] 3 All ER 173 215 [1957] 2 All ER 118; [1957] 1 WLR 582 85, 154, 155,
Bailey v Ministry of Defence [2008] EWCA Civ 883 308, 309, 316–19, 321, 322, 326
170, 184, 187, 323, 326 Bolitho v City and Hackney Health Authority [1997]
Baker v T E Hopkins & Son Ltd [1959] 1 WLR 966 211, 3 WLR 1151 154, 155, 171, 317, 319, 322, 324, 326,
228 327
Baker v Willoughby [1970] AC 467 180, 181, 204 Bollinger (J) v Costa Brava Wine Co Ltd [1960] Ch 262
Banque Bruxelles Lambert SA v Eagle Star Insurance 512
Co Ltd [1995] 2 All ER 769 93, 193 Bolton v Stone [1951] 1 All ER 1078; [1951] AC 850
Barber v Somerset County Council [2004] 2 All ER 385 156, 158, 159, 248, 346, 359
299–300 Bone v Seale [1975] 1 All ER 787; [1975] 1 WLR 797
Barclays Bank plc v Fairclough Building Ltd [1995] 365
1 All ER 289 214 Bonnard v Perryman [1891] 2 Ch 269 471
Barker v Corus UK Ltd [2006] 3 All ER 785 8, 173–5, Bonnick v Morris [2003] 1 AC 300 462
177, 178, 533 Bonnington Castings Ltd v Wardlaw [1956] AC 613
Barkway v South Wales Transport Co Ltd [1950] 170
1 All ER 392 162 Bookbinder v Tebbitt [1989] 1 All ER 1169 447
Barnes v Lucille Ltd (1907) 96 LT 680 399 Bourhill v Young [1943] AC 92 49, 62, 63
Barnett v Chelsea and Kensington Hospital Bowater v Rowley Regis Corp [1944] KB 476 208
Management Committee [1969] 1 QB 428 168 Bower v Peate (1876) 1 QBD 321 351
Barr v Biffa Waste Services Ltd [2012] EWCA Civ 312; Bowlt v Clark [2006] All ER (D) 295 (Jun) 400
[2012] 3 All ER 380 xv, 358 Boyle v Kodak [1969] 1 WLR 661 290
Barrett v Enfield London Borough Council [1999] Boyton v Willment Bros Ltd (1971) (unreported) 302
3 All ER 193; [1999] 3 WLR 79 23, 53, 54, 143 Bradford Corp v Pickles [1895] AC 587 10, 27, 360
Barrett v Ministry of Defence [1995] 3 All ER 86 120, Breeden v Lampard 21 March 1985 (unreported) 399
131, 142, 209 Brice v Brown [1984] 1 All ER 997 80
Basely v Clarkson (1681) 3 Lev 37 322 Bridlington Relay Co v Yorkshire Electricity Board
Batty v Metropolitan Realisations Ltd [1978] QB 554 [1965] Ch 436 359, 360
39 Bristol & West Building Society v Fancy & Jackson
Baturina v Times Newspapers [2011] EWCA Civ 308 [1997] 4 All ER 582 186, 214
437 Bristol & West Building Society v Mothew [1996]
Bayoumi v Protim Services Ltd [1996] EGCS 187 256 4 All ER 698 185, 186
Behrens v Bertram Mills Circus [1957] 2 QB 1 396 British Celanese v A H Hunt [1969] 1 WLR 959 381
Bellew v Cement Co Ltd [1948] IR 61 361 British Chiropractic Association v Singh [2010]
Benjamin v Storr (1874) LRCP 400 346 EWCA Civ 350 453
Bernstein (Lord) v Skyviews & General Ltd [1978] British Railways Board v Herrington [1972] 1 All ER
QB 479 334 748; [1972] AC 877 244, 249
Berry v Humm & Co [1915] 1 KB 627 562 Brooke v Bool [1928] 2 KB 578 530
Bhamra v Dubb [2010] EWCA Civ 13 49 Brooks v Metropolitan Police Commissioner [2005]
Bird v Jones (1845) 7 QB 742 414 2 All ER 489 135, 138
xviii
You may have seen a little leaf that has fallen into a stream and
been whirled along by the unresting current, torn and bruised and
helpless, then suddenly drift into a still and quiet pool and lie tranquil,
unvexed, while the stream, unable longer to clutch it, goes hurrying
by. So to Rose, after her troubled, changeful childhood, Farmdale
was the quiet pool, where she was to find a quiet, uneventful period.
Not that Rose ever thought of it as uneventful. To her school life
she brought an enthusiasm that never flagged; the school tests, the
class competitions, the school entertainments, the school games,
and even the school differences, she entered into them all heart and
soul. She studied hard, she took eager advantage of every
opportunity, and was none the less ready for every enjoyment with
the keen zest of her intense nature. Then outside the school was the
village with all its people and all their happenings, a little world of
itself. “Some of the girls call Farmdale dull and poky,” she repeated
wonderingly to Miss Silence. “I’m sure it isn’t dull to me—I don’t see
how they can think it is.”
The Blossom household quickly became home, and home folks to
Rose. But when Mrs. Blossom promised for her the same care she
would have given her own little Rachel, she included also, what she
would have expected of little Rachel had she lived, as she had of her
other daughters, the yielding of a ready, cheerful obedience. Mrs.
Blossom’s law was one Rose had known little of, the law of love, but
none the less was it law. Never in their girlhood, and hardly in their
maturer years, had Silence or Patience Blossom dreamed of acting
in opposition to their mother’s will—that reasonable, mild, but
inflexible will. And though Rose had not hesitated to face Mrs.
Hagood’s fury, yet when those clear, steadfast eyes looked into hers,
and that kindly but firm voice said, with its accent of decision, “Rose,
you cannot!” she instinctively realized that here was a force, the
force of moral strength, that impetuous willfulness would beat
powerless against. Nor was her affection for Mrs. Blossom any the
less sincere because of the obedient respect on which it was
founded.
Great-Uncle Samuel had been rightly informed that the Farmdale
high school was a good one, and the lessons Rose learned within its
walls were to her of value; but no less so was the unconscious
teaching of the pure and unselfish lives that were open before her
every day. Over an ardent young life, full of dreams and plans and
ambitions, all centered in self, a happier influence could not well
have fallen than that of these gentle, kindly women, whose spirit of
helpfulness and sympathy was always as ready and unfailing as the
flow of the fountain itself.
Was any one in distress, in perplexity, in trouble; there was no
counselor so wise, discreet, trustworthy, as Mrs. Blossom, who held
half the village secrets, and had served as a peacemaker times
without number. Was there a bride to be dressed; no one could do it
so well as Miss Silence or Mrs. Patience. Was any one sick; no
nurses were as tender and skillful and tireless as they. Did the
shadow of death rest over a home; no voices could speak words of
sweeter comfort to the dying, no other’s presence was so
unobtrusive, so helpful in the house of bereavement. Indeed, few
were the families in that little community to whom they were not
bound by the cords of a common sympathy in some hour of joy or
grief. And Rose was not the only one who often wondered how with
all the calls upon them they still managed to accomplish so much,
and with a manner so unhurried.
“I don’t see how you ever do it,” Rose exclaimed one day.
“It’s the busy people who find not only the most time but the most
happiness,” was Silence Blossom’s cheery answer.
And realizing, as she well did, how much more of real happiness
there was in the modest Blossom home than in the big Fifield house,
where no one ever thought of going to ask a service, and every life
was wholly self-centered, Rose could not but admit that this was
true.
“I don’t see what happiness you could find in sitting up all night
with Aunt Polly Brown,” she protested. “I’m sure I never want to go
where there’s sick people. I hope I’ll never be asked to.”
Already in that home where thoughtfulness for others was part of
the daily life, and interest in any who were suffering a matter of
course, it had come about naturally that Rose should be sent with a
handful of flowers, or some dainty for a sick neighbor, or was asked
to call at the door with a message of inquiry. So the next day she
took it as a matter of course when Miss Silence asked her to take a
bowl of chicken broth to Aunt Polly Brown.
“Take it right in to Aunt Polly,” said the young woman who opened
the door. “She’s in the bedroom right off the sitting-room.”
Rose hesitated. She would have refused if she had known exactly
how to do so. As it was, the bowl trembled a little as she walked
through into the bedroom, where on a high four-post bedstead,
under a “blazing star” quilt, Aunt Polly lay, a ruffled night cap
surrounding her shrunken face.
“Well, now,” as Rose told her errand, “it was reel kind of Silence
Blossom to send the broth. I was just thinkin’ that a taste o’ chicken
broth would relish. Sit down, won’t ye,” with a wistful accent, “and tell
me what’s goin’ on? Mary Jane never knows nothin’. Mebby I ain’t
goin’ to get well, but ’tany rate I like to know what folks is doin’.”
“I was standing on one foot wondering how quick I could get out,”
Rose said, relating it all to Miss Silence, on her return. “But when
she spoke that way I just thought that if I were old and sick I’d be
glad to have somebody come in; and I sat down and racked my brain
to tell everything I could think of. She seemed real cheered up when
I came away, and I promised her I’d come again.”
“I thought you never wanted to go where there were sick people,”
and Silence Blossom’s eyes twinkled.
“Well, it wasn’t so bad as I thought it was going to be, though her
hands are kind of skinny. And I don’t think I feel quite as I did about
sick folks now. Besides, it must be dreadful to lie in bed day after
day, and if I can make a little of the time pass, why I’m glad to.”
“There is where the gladness comes in,” said Mrs. Patience. “It is
making the hours of suffering a little brighter, a little easier. And now
you have learned this I think you will never forget it.”
“And I also remember that I promised to come down to Helen
Green’s to get out my Latin with her,” and gathering an armful of
books Rose hurried away.
“I am glad that Rose went in to see Aunt Polly; she is such a bit of
sunshine that she could not help but do her good. Besides, she has
always had such a morbid dread of a sick room,” Silence remarked
as she watched her away.
“I am glad, too,” agreed Mrs. Blossom, “for Rose can gain as well
as give. Of course I would not want her to go where there was any
danger, but her exuberant young nature will be made the deeper and
richer for being stirred and lifted out of itself.”
So among the threads of interest running from the Blossom home
Rose knit her threads. The people of Farmdale became her friends,
and because they were her friends she loved them, and so it was not
strange that she won love in return. With the Fifields her relations
through the years continued of the friendliest. On her part the
painfulness of being falsely accused had faded away; and on their
part the fact that it had been an unjust charge had not only made
them one and all feel that they owed her something in return, but had
awakened an interest in her that otherwise they might never have
felt. Miss Eudora regarded her in the light of a romance; Miss Jane
Fifield commended the fact that she was neither vain, nor, as she
was pleased to put it, “silly”; while Mr. Nathan, in his pride at Rose’s
persistence, and the quality he called her “grit,” went so far as to
freshen up the languages of his college days, that he might the more
help her.
At their time of life it was not to be expected that the Fifield nature
would greatly change; still their friendship for Rose, inexperienced
young girl though she was, brought a new and wholesome
atmosphere into the old house. Her flitting in and out, bright, breezy,
vivacious, was a welcome break in their old formality. A part of
Rose’s nature was her overflowing enthusiasm on the subject then in
mind; her studies, her school pleasures, whatever part was hers in
the life of the village, was all shared with her friends. So when she
came in beaming with excitement over the prettiness of the newest
Banby baby, Miss Fifield and Miss Eudora became conscious that
Mrs. Banby was a neighbor. Or if it were anxiety how little Mrs.
Mather, whose husband had just died and left her with five children,
was ever going to get through the winter; or rejoicing that Fanny
Barber, who had been so low with inflammatory rheumatism was
really improving, almost before they were aware, they would find
themselves becoming interested, an interest that could easily take
the form of a bundle of warm clothing for the widow, or a glass of
Miss Fifield’s famous quince jelly for the invalid. And so by the slight
touches of Rose’s hands they found themselves drawn gradually
from their cold isolation, and nearer to those about them.
CHAPTER XXIII
A VISIT FROM AN OLD FRIEND
It was the third May that Rose had been in Farmdale. The turf on
the open green was emerald velvet, the orchards were drifts of pink
and white, the lilacs by Mrs. Blossom’s gate were lifting spikes of
lavender, and shrubs and roses were heavy with the weight of bud or
bloom. In a swift rush Rose came down the walk, the white gate
clashed behind her, and she dashed into the house, rosy and
breathless with haste, waving a long envelope over her head.
“What do you think that is?” she cried.
Miss Silence glanced up from her sewing machine. “It looks to me
like an envelope.”
“And what do you think is inside it?” pursued Rose.
“A letter is usually inside an envelope,” answered Mrs. Patience.
“You won’t guess,” pouted Rose, “so I shall have to tell you, for I
couldn’t possibly keep it. This is my certificate that I have passed the
teachers’ examination I went to last week, and am duly qualified to
teach. Wish me joy!”
“But I thought thee went to the examination simply for the
practice,” said Grandmother Sweet.
“So I did. But all the same I wanted to pass, and was so afraid I
wouldn’t pass. That’s why I didn’t say more about it. And now that I
have a really, truly certificate to teach! I’m sure I’ve grown an inch
since I took it out of the post-office.”
“We are very glad you succeeded,” and Mrs. Patience held off a
hat to see if the bunch of flowers was in the right place.
“And that isn’t all,” Rose went on blithely. “You need sixteen points
to graduate from the high school, I have fourteen already, because
I’ve taken extra studies; to pass the teachers’ examination counts
two points, so now I can graduate this year.”
“But why do you want to graduate this year? I supposed of course
you were going one more,” and Silence looked her surprise.
“I want to get to teaching. I’m just crazy to begin.”
“Rose, Rose,” Mrs. Blossom in the next room had heard the
conversation, and now stepped to the doorway, “you are too young
to think of teaching; even if you are qualified you have not the self-
control a teacher needs.”
“Oh, don’t say that!” groaned Rose, “when I have struggled with
my temper, and prayed over it, and counted a hundred before I
spoke, and bitten my tongue till it bled, and did all the things I ever
heard of to hold on to myself.”
“And you have done very well,” commended Mrs. Blossom. “You
have overcome much, and learned some hard lessons in the bridling
of your quick tongue, and holding in check your temper. But you
have still more to learn, especially if you are going to teach. I know,
for I was a teacher myself, and while text-books and methods
change, boys and girls, as far as I can see, remain about the same.”
“All I ask is the chance to try some boys and girls.”
“Besides,” Mrs. Blossom’s voice was calmly even, “I do not think
you can teach, that any school board would hire a girl of seventeen.”
“But I know people who have taught when no older than that,”
persisted Rose.
“That might have been once but it is not now. Indeed I am quite
sure that a law has been passed in Ohio that a teacher cannot draw
pay unless she is over eighteen.”
“It is a mean old law,” scorned Rose.
“Another thing,” continued Mrs. Blossom, “your Uncle Samuel is
your guardian, and he did not expect, any more than we did, that you
would leave school till next year; and before taking such a step you
must consult him.”
“Great-Uncle Samuel won’t care,” urged Rose, “and I’ve set my
heart on getting through this year. Besides if I can’t teach I can go to
school another year, and take Latin and German, and review the
common branches.”
“You write to Mr. Jarvis first, and see what he says,” and Rose
knew further argument was useless.
Rose waited and fretted for two weeks before an answer to her
letter came, and when she read it she gave a gasp of surprise.
“What do you think?” she exclaimed. “Great-Uncle Samuel says I
have been a very prudent girl, while from my marks—you know I
have sent them to him every quarter—I seem to have made good
use of my opportunities; so if I will continue to be prudent he thinks
there will be money enough for me to go to college for four years.
This is what he writes: ‘Of course not to a big expensive college, that
would be quite beyond your means, the Fairville Woman’s College is
the one I have chosen for you. I am told that it is an excellent school,
that the location is healthy, and the moral tone excellent. That you
will make good use of its benefits I shall expect. Of course your Aunt
Sarah Hartly ought to have seen to this for you, but as long as she
wouldn’t I have done what seemed to me the best.’”
“Four years in college, will not that be fine?” Silence Blossom’s
own eyes were bright with pleasure.
“Yes, I suppose it will,” Rose spoke slowly. “But, you know, I never
had thought of such a thing as college being possible for me; I did
not think that there was money enough for that. Of course I shall like
it, the only thing is it will make me so old before I get to teaching.”
The older women looked at Rose’s face, that had never lost its
child expression, and laughed at her words.
“It may be though,” she went on, “that I can put in extra studies
and shorten the time.”
“No, no,” protested Mrs. Patience, “to do your best work you do
not want to hurry it.”
Grandmother Sweet stopped her knitting. “Rose, my husband
while a lad served five years as apprentice to a carpenter. His own
work was of the best, and he often said that time spent learning to
use one’s tools was time saved. Now, thee is planning to use books
as tools, and the better thee understands them the better work thee
will do.”
“Oh, of course,” Rose hastened to say, “now the chance has come
to me I wouldn’t miss it for anything. And I will make the best of it,
too. I’m going to send right away and get a prospectus of the college
to see what the entrance requirements are. I’m not going to be
conditioned, and I’d rather be a little ahead. I had planned anyway to
read Virgil this summer with Mr. Fifield, and I can study up whatever
else is needed.”
“I think if you are going to college this fall you will need to do some
sewing as well as studying,” suggested Miss Silence.
“Of course I shall. I know I can’t spend money for a great deal;
what I do have I want neat and in good shape. I’m so glad to know
about it now, for I can plan the dresses I will need when I graduate
from the high school so I can use them then.”
“How many will you need?” asked Silence Blossom.
“The other girls say three; a suit for the Baccalaureate sermon,
another for the senior reception, and the graduating dress.”
“That last will be white, and will answer for your best white dress
all the year, and if you get a pretty grey for your suit that will do for
fall wear.”
“That makes two new dresses,” reflected Rose. “I can’t afford any
more, and one other still to be evolved. I wish the waist wasn’t so
badly worn to the lavender and white striped silk Great-Aunt Sarah
sent in the last box; it would make a pretty dress, and I could mend
up the cream lace to trim it.”
Before Rose had ceased speaking Miss Silence was turning the
leaves of a fashion book. “There is a dress in this last number that I
believe we can copy, and use the purple silk she sent you once to
combine with it. The solid color will give it character, and the lace will
soften and keep it girlish.”
Rose was looking at the plate. “Yes, that will be pretty. You are the
very Wizard of Old Clothes. And if there are scraps enough of silk
and lace left I will make a little hat with purple violets for trimming to
wear with it.”
She paused and lifted an impressive finger. “But mind this, when I
get to earning for myself I will have some pretty dresses, and never
will I wear any more of Great-Aunt Sarah’s cast-offs!”
Mrs. Patience smiled indulgently. “You are young, Rose, it is only
natural you should feel so. But you know you are denying yourself
now so that day may come.”
“I know it,” Rose nodded. “When I have had to go without things I
wanted and that other girls did have, I’ve said, ‘Never mind, you are
having an education.’ I expect to have to say that pretty often when I
get to college—it’s hard to realize that I am going—but I’m not going
to forget that I’m working for a purpose.”
“And that’s better than fine clothes.”
Rose twisted her face. “I wouldn’t object to the fine clothes if I
could have them. But I suppose I shall need some dresses for
everyday wear; the blue dress I had last year will do for that, won’t
it?”
“Yes, and there is your green and red plaid. You can have some
separate waists, too. I’m sure, Rose, we can have your wardrobe in
shape, that if not fine, it will be neat and tasty.”
“What could I ever have done without you all?” Rose paused and
sighed. “I am glad that I can go to college. I shall be gladder the
longer I realize it. But I feel that it will just break my heart to leave
here. If I could only take you all with me or bring the college to
Farmdale.”
“We are glad that you can go to college, Rose,” Mrs. Blossom’s
voice had not quite its usual firmness, “but you may be sure of one
thing, we shall miss you more than you will us. But it is a long time till
September; we will not begin the parting yet.”
“And of course I shall come back in vacations; everybody goes
home then, and this is my home.”
“Do you think a college freshman will remember how to gather
eggs?” asked Mrs. Patience.
“This one will, you may be sure,” laughed Rose, “and how to make
omelet, and custard, and cake with them when they are gathered.
It’s a pity Great-Uncle Samuel never comes so I can show him how
you have taught me to cook.”
It was a busy summer for Rose; she went over all the studies in
which she would be examined for entrance to college, she sewed
and gathered and tucked and hemmed, and when the September
days came she packed her modest wardrobe in her new trunk with a
curious mingling of dread and delight; dread at leaving the life she
knew, the friends she had proved; delight in the new and wider world
opening before her.
There had been talk of Mrs. Patience going with Rose, but it had
not proved possible, so when one sunny September day the stage—
the same stage that had brought her to Farmdale, stopped at the
white gate, and her trunk was strapped on, with a mixture of tears
and smiles the good-bys were said, and Rose settled herself in the
same corner of the back seat she had occupied on that day which
now seemed so far, far in the past, no longer a forlorn little figure,
dingy, travel worn and friendless; but a trim young girl in a pretty grey
suit, leaning out and waving her handkerchief in answer to those
waved to her from nearly every house. For Rose’s friends included
almost every one in Farmdale, and all her friends were interested in
her start for college.
THE END