Showing posts with label torts. Show all posts
Showing posts with label torts. Show all posts

17 March 2015

Kopplin v. Quade

There once was a bovine ecstatic,
Who stooped to a deed morganatic.
This Holstein did breed
With trespassing seed,
For a measure of harm problematic.

Compare Kopplin v. Quade, 130 N.W. 511 (Wis. 1911), with Hall v. Umiker, 209 N.W.2d 361 (S.D.1973)
(discussing measure of damages for permitting trespassing animal to impregnate purebred cattle of different breed).

19 February 2015

Downs v. Hawley

There once was a man who would straddle,
The derrieres of some cattle.
But the claim he was bare,
In back of a mare,
A jury wrote off as mere prattle.

Downs v. Hawley, 112 Mass. 237 (1873)
(in defamation suit, proof of truth of related, but different, accusation is not defense).

15 February 2015

Carsanaro v. Colvin

There once was a wife, and her paramour,
Who gave her a nasty herpetic sore.
Her spouse got it too;
And the Court let him sue,
‘Cause the spread you foresee, you must answer for.

Carsanaro v. Colvin, 716 S.E.2d 40 (N.C. Ct. App. 2011)
(liability for knowing spread of venereal disease).

09 February 2015

Hellar v. Bianco

There once was a lavat’ry wall,
Which said, for a good time, to call….
The pub let it stand,
When she made her demand.
So, a jury, she got to appall.

Hellar v. Bianco, 111 Cal. App. 2d 424 (1952)
(premises liability for knowing republication of defamatory statement).

09 January 2015

Doe v. Moe

In bed was a man and a beauty,
Who repositioned her booty.
She slipped while on top,
And made his prick pop.
The Court said, in sex, there's no duty.

Doe v. Moe, 827 N.E.2d 240 (Mass. App. Ct. 2005)
(no action for mere negligence involving consensual sexual activity).

26 December 2014

Olier v. Bailey

There once were some geese in captivity,
And some had a dangerous proclivity.
So we needn't take gander,
Which goose won't unhand her.
What counts is the gaggle's activity.

Olier v. Bailey, (Miss. Dec. 11, 2014)
(under "one bite" rule, no need to show that specific goose that bit plaintiff had a history of dangerous activity).

01 August 2011

Neiman-Marcus Co. v. Lait

There once were some models at Neiman,
And a guide said for cash they'd take seamen.
But the charge, while horrific,
Was so non-specific
That we won't see the guide as a demon.

Neiman-Marcus Co. v. Lait, 107 F.Supp. 96 (S.D.N.Y 1952)
(only individuals, and not a group, may be defamed).

29 July 2011

Church of Scientology of Minnesota v. Minnesota State Medical Association Foundation

There once was a group, Scientology.
It complained we defamed its theology.
But the source of frustration
Was first publication.
And courts won't do paleontology.

Church of Scientology of Minn. v. Minn. State Med. Ass'n Found., 264 N.W.2d 152 (Minn. 1978)
(adopting "first publication" rule for running of statute of limitations)

28 July 2011

Richie v. Paramount Pictures Corp.

In a family violence story,
Our pics wrongly showed up on Maury.
The damage by Povich,
Said Judge Tomljanovich:
It must be concrete loss of glory.

Richie v. Paramount Pictures Corp., 544 N.W.2d 21 (Minn. 1996)
(discussing presumed and specific damages for defamation).

25 November 2009

Grayson v. Irvmar Realty Corp.

Once a girl with ambitions operatic
Raised a question of damage problematic
An injury to her pitches
Prevented far-'way riches
The award she got was ov'rly numismatic

Grayson v. Irvmar Realty Corp., 7 A.D.2d 436, 184 N.Y.S.2d 33 (1959).

24 November 2009

Vosburg v. Putney

From Unlawful Kick
Liability For Force
To Crack An Eggshell

Vosburg v. Putney, 50 N.W. 403 (Wis. 1891).

23 November 2009

Gray v. Badger Mining Corp.

Smashed-up sand gave a man silicosis
"Blame the mine for my ill diagnosis!"
They say their duty is placated
If buyer be sophisticated
But sure facts don't show that's the prognosis

[Gray v. Badger Mining Corp., 676 N.W.2d 268]

17 November 2009

McCormack v. Hankscraft Co.

To keep her young child's air humidified:
A Hankscraft™ on ground not solidified.
It tipped on her daughter
And spilled boiling water
For fault in design it was vilified

[McCormack v. Hankscraft Co., 154 N.W.2d 488]

(product image after cut)

16 November 2009

Murray v. Fairbanks Morse

For damage from injurious installation
We have product and negligence proration
But dividing 'fault' we grapple
With comparing orange and apple
So instead we'll apportion causation

[Murray v. Fairbanks Morse, 610 F.2d 149]

10 November 2009

T. J. Hooper

Weather jars tugboat
As custom, no radio
"Whole Industry Lags"

[The T. J. Hooper, 60 F.2d 737]

Modern Product Liability

I write to explain with great brevity
The lack of a need for close privity
You need no contract
If you have contact
With a product that isn't as it should be

[see e.g. MacPherson v. Buick Motor Co., 111 N.E. 1050]

09 November 2009

Foster v. Preston Mill Company

Mama mink has a strange disposition
A blast noise makes her kill her kitten
By blasts you control
Those mink will be stole
But this ain't the no-fault claim's mission

[Foster v. Preston Mill Company, 268 P.2d 645 ]

04 November 2009

Rylands v. Fletcher

Once in a country quite pluvial
Ill damning made mine shafts alluvial
A standard was picked
Liability strict
Dispersement of damage was fluvial

[Rylands v. Fletcher, L.R. 3 H.L. 330]

03 November 2009

Boomer v. Atlantic Cement Co.

Pollution may make you morose
That dust comes in too large a dose
But permanent injunction
Thwarts economic function
We'll fine them by theorem of Coase!

[Boomer v. Atlantic Cement Co., 257 N.E.2d 870]

Waschak v. Moffat

There once was some culm from a mine
That caused Waschak's house not to shine
That smell can't be a pillage
Or we'd have just a village
Dear anthracitist, liability's not thine

[Waschak v. Moffat, 109 A.2d 310]