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In a previous issue of the University of Pennsylvania Law Review the writer discussed under the present title a number of tort cases involving municipal corporations.' The purpose was to point out what seemed to be a noticeable tendency in recent cases to depart from the rule that a municipal corporation is not liable for torts arising in connection with a municipal function. It was suggested that this tendency may be due in part to a desire to place the burden of loss through injury where it can be borne with the least hardship. It was noted that this is attained by placing it where it can be absorbed with a lesser probability of creating further problems of social adjustment. When the burden in such cases is put upon the defendant, that defendant can distribute the loss burden over a considerable group, viz., the body of tax-payers. In this way the loss is ultimately born by the social organization for whose benefit the risk producing agency was brought into existence. The industrialization and mechanization of social organization has brought into existence for the benefit of society great organizations whose activities involve dangers of injury which were not present in the simpler and more rural organization of earlier times. This is not to say that life is less secure now than when "Adam delved and Eve span", but security of life is menaced by risks traceable to the "conveniences" which have come to be regarded as necessities in modern life and which are provided through great business organizations. Is there traceable, in the negligence cases involving such organizations as defendants, any disposition to impose the loss on the defendant in such cases be-

Capacity to Bear Loss as a Factor in the Decision of Certain Types of Tort Cases