Vacarro v. Stephens, No. CV-86-0187-SC (9th Cir. 5/1/89)
On a flight from New York to San Francisco, Sue Vaccaro (a Spanish-Filipino American) left her seat somewhere over Minnesota to use the lavatory. Food service carts blocked access. The flight attendant directed her to use a lavatory in the first class section. While she was waiting in line, a Texan told her "You're a disgrace in those jeans. Get out of first class where you don't belong. Someone like you would dirty the first class bathroom." He pushed her against the wall, referring to her as a "chink slut and a whore." Passengers and crew separated the contestants. The Texan made it to the bathroom ahead of Sue Vaccaro. She eventually returned to her seat in coach class.
When they arrived to San Francisco, Vaccaro asked police to arrest the Texan for assault and battery, but they refused to do so. She made a citizens arrest and then turned him over to the police who booked him.
Vaccaro then sued the Texan. He counterclaimed for false arrest and trespass. The court ruled he had no damages, because he'd gotten to use the rest room first. The court gave an example from the Restatement:
A's child climbs upon the back of B's large dog and pulls its ears. No harm to the dog, or to any other legally protected interest of B. A is not liable to B.
Vaccaro won $5,000 in compensatory damages and $3,000 in punitive damages. All in all, her trip to the toilet was moderately lucrative.
Tuesday, July 26, 2011
Wednesday, July 20, 2011
Turtles Rule
Weeks v. Jones, 52 F.3d 1559 (11th Crr. 1995)
Petitioner was sentenced to death for the killing of a veterinary student. Petitioner filed two petitions for habeas corpus relief in the federal courts, which were denied. Petitioner also sought review of his sentence in the state court system, to no avail. The court concluded that the issues raised by petitioner were not debatable among jurists of reason and could not be resolved differently. Specifically, Weeks believed that he is God and that after his death, he will reign in heaven as a tortoise.
Petitioner was sentenced to death for the killing of a veterinary student. Petitioner filed two petitions for habeas corpus relief in the federal courts, which were denied. Petitioner also sought review of his sentence in the state court system, to no avail. The court concluded that the issues raised by petitioner were not debatable among jurists of reason and could not be resolved differently. Specifically, Weeks believed that he is God and that after his death, he will reign in heaven as a tortoise.
Wednesday, July 13, 2011
Donkey Flatulence
Kirklewski v. Hamilton, 2008 WL 302357 (S.D.Ohio 2008)
One of Plaintiff's objections to a Magistrate's report and recommendations was that the Magistrate Judge did not advert to “outer space flying donkey flatulence affected outer space flying elephant causing elephant to crash into asteroid beyond planet Earth humanity awareness.”
The court said: "Plaintiff is completely correct: neither in the Report and Recommendations nor in any other conscious act as a judge has the Magistrate Judge ever adverted to donkey flatulence of any kind. Indeed “outer space flying donkey flatulence” is a concept which was, until the Exceptions were filed, well beyond my imagination. . . . While the Magistrate Judge had not considered the matter before now, it would seem that this precedent would counsel the Court against exercising jurisdiction over disputes between flatulent outer space animals, especially if they symbolize our major political parties."
One of Plaintiff's objections to a Magistrate's report and recommendations was that the Magistrate Judge did not advert to “outer space flying donkey flatulence affected outer space flying elephant causing elephant to crash into asteroid beyond planet Earth humanity awareness.”
The court said: "Plaintiff is completely correct: neither in the Report and Recommendations nor in any other conscious act as a judge has the Magistrate Judge ever adverted to donkey flatulence of any kind. Indeed “outer space flying donkey flatulence” is a concept which was, until the Exceptions were filed, well beyond my imagination. . . . While the Magistrate Judge had not considered the matter before now, it would seem that this precedent would counsel the Court against exercising jurisdiction over disputes between flatulent outer space animals, especially if they symbolize our major political parties."
Wednesday, July 6, 2011
More Livestock Shenanigans
Guthrie v. Powell, 290 P.2d 834 (Kan. 1955)
Mrs. Guthrie and her husband went to Winfield Sales Company, a place where livestock was being sold. She was sitting in a chair visiting with other ladies when a 600-pound steer fell onto her lap:
At about 1 p. m. of said day plaintiff was seated in a chair at the north end of the south main floor room engaged in visiting and conversing with women friends and acquaintances, most of whom were the wives of patrons attending said sale. Suddenly, there was a loud commotion and noise overhead and simultaneously bits of plaster and debris began to fall from the ceiling onto plaintiff and others standing or sitting near her which was followed instantaneously--as plaintiff later learned--by a six hundred pound steer falling through the ceiling immediately over and approximately twelve feet above her position, said beast falling and landing upon plaintiff as she sat in said chair, knocking her unconscious, flattening the chair and plaintiff to the floor and under said steer and causing painful, serious and permanent injuries to her as hereinafter set forth.
I am not sure how the cows got upstairs. Would the stairs actually hold up against a 600-pound steer? Can can cows even walk up stairs? They aren't all that delicate.
Mrs. Guthrie and her husband went to Winfield Sales Company, a place where livestock was being sold. She was sitting in a chair visiting with other ladies when a 600-pound steer fell onto her lap:
At about 1 p. m. of said day plaintiff was seated in a chair at the north end of the south main floor room engaged in visiting and conversing with women friends and acquaintances, most of whom were the wives of patrons attending said sale. Suddenly, there was a loud commotion and noise overhead and simultaneously bits of plaster and debris began to fall from the ceiling onto plaintiff and others standing or sitting near her which was followed instantaneously--as plaintiff later learned--by a six hundred pound steer falling through the ceiling immediately over and approximately twelve feet above her position, said beast falling and landing upon plaintiff as she sat in said chair, knocking her unconscious, flattening the chair and plaintiff to the floor and under said steer and causing painful, serious and permanent injuries to her as hereinafter set forth.
I am not sure how the cows got upstairs. Would the stairs actually hold up against a 600-pound steer? Can can cows even walk up stairs? They aren't all that delicate.
Tuesday, July 5, 2011
Contributory Negligence & Cows
Sharpe v. Aqua Systems, 13 So.2d 903 (Fla. 1943)
Sharpe got off the bus and turned directly in front of it to cross the street, stepping directly in the path of a passing truck -- which he did not see until it struck him, even though the street was clear and unobstructed. This case is a reminder of how much society has changed since 1943:
This case is a mute reminder that our pattern of highway behavior has failed ignominiously to keep pace with our climate of intellectual and aesthetic culture. Men and women of normal faculties and college tutored who would stick their heads in a noose before they would lap their soup, eat their peas with a knife, or wear unmatched garments, will alight from a motor vehicle or appear out of the blue and walk or drive as nonchalantly as a wire grass cow on to a paved speedway in front of moving traffic. The number of cases that are making their way to the courts as a result of such accidents is distressing and nine-tenths of them could be avoided with reasonable precaution.
Moral, if your pattern of highway behavior must be that of the age of the pack horse, stay on the cow trails. If you insist on traveling the modern highway, then move your pattern up to the age of rapid transit.
Sharpe got off the bus and turned directly in front of it to cross the street, stepping directly in the path of a passing truck -- which he did not see until it struck him, even though the street was clear and unobstructed. This case is a reminder of how much society has changed since 1943:
This case is a mute reminder that our pattern of highway behavior has failed ignominiously to keep pace with our climate of intellectual and aesthetic culture. Men and women of normal faculties and college tutored who would stick their heads in a noose before they would lap their soup, eat their peas with a knife, or wear unmatched garments, will alight from a motor vehicle or appear out of the blue and walk or drive as nonchalantly as a wire grass cow on to a paved speedway in front of moving traffic. The number of cases that are making their way to the courts as a result of such accidents is distressing and nine-tenths of them could be avoided with reasonable precaution.
Moral, if your pattern of highway behavior must be that of the age of the pack horse, stay on the cow trails. If you insist on traveling the modern highway, then move your pattern up to the age of rapid transit.
Subscribe to:
Posts (Atom)