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Civis Americanus Sum

New York

Joined
26 Dec 07
Moves
17585
12 Sep 08
2 edits

Originally posted by Mad Rook
You must have seen the quote from Grandmaster Anatoly Lein: "I don't think like a tree--do you think like a tree?" 😵


P.S. - It's the introductory quote from Chapter 1 of Jonathan Tisdall's "Improve Your Chess Now".
What's wrong with thinking like a tree? After all, a tree can sue!

Fisher v. Lowe, 333 N.W.2d 67

Court of Appeals of Michigan

Docket No. 60732

A wayward Chevy struck a tree
whose owner sued defendants three.
He sued car's owner, driver too,
and insurer for what was his due.
For his oak tree that now may bear
a lasting need for tender care.
the Oakland County Circuit court,
John O' Brian, J., set forth
the judgment the defendants sought
and quickly an appeal was brought.


Court of appeals, J.H.Gillis, J.
Gave thought to this and had this to say:
1) There is no liability
since no-fault grants immunity;
2) No jurisdiction can be found
where process service is unsound;
and thus the judgment, as it's termed
is due to be and is
Affirmed.


1.
Defendant's Chevy struck a tree-
there was no liability;
the No-Fault Act comes into play
as owner and the driver say.
barred by the act's immunity
no suit in tort will aid the tree.
Although the oak's in disarray
No court can make defendants pay.


2.
No jurisdiction could be found
where process service was unsound;
In personam jurisdiction
was not even legal fiction.
Where plaintiff failed to well comply
with rules of court that did apply.


J.H. Gillis, Judge
We thought that we would never see
a suit to compensate a tree.
A suit whose claim in tort is prest
upon a mangled tree's behest.
A tree whose battered trunk was prest
against a Chevy's crumpled crest.
A tree that faces each new day
with bark and limb in disarray.
A tree that may forever bear
a lasting need for tender care.
Flora lovers though we three,
we must uphold the court's decree.


Affirmed.