We confront the difficult legal questions of our times. We do not shy away from the questions that might stump lesser legal minds. Now that being said, we can think of one jurist, a baseball purist, who might well be the authority to weigh in on this problem of property law.
Facts: Baseball game in Philadelphia (a city that once booed Santa Claus as a December football game, and a stadium that has an on cite jail for unruly fans, so you know what we are dealing with).
A foul ball is hit and an enterprising fan catches the ball in his hat. The momentum of the ball rips the hat from his hand and another fan behind him has the ball. The original Possessor One of the ball is wearing a Roy Halliday Baseball Jersey. Possessor Two (the subsequent and final possessor) of the ball is wearing an Eagles Jersey.
Querry: this is a toughie. If Possessor One's hat with the ball is caught by Possessor Two, does Possessor Two have a right to ball, which is inside the hat (the property) of Possessor One? Can Possessor Two hand the hat to Possessor One and keep the ball? Or because the ball is in the hat which belongs to Possessor One, is the ball still the property of Possessor One although the hat and the ball are in the temporary custody and control of Possessor Two?
Have at it.
24 comments:
Hat guy would cite to Ghen v. Rich, 8 F. 159 (Mass. 1881) (whaling case). The hat was his "unique mark" just like a lance on a whale, so it's his. Just like when the dead whale washed up at sea.
The guy in the Eagles jersey who actually physically caught the ball with his hands, despite the baseball cap being involved, would cite to Pierson v. Post, 3 Cai. R. 175 (NY 1805) (fox trapping case). Simply being in pursuit does not lock in property rights.
I say Philly Eagles jersey guy gets it. There's no custom like in the whaling case that would apply. Next time bring a baseball glove.
Shout out to the late Professor Marc Fajer and his elements class at UM Law.
vmi
Very easy. Consider: If a fictional Fan 1 is about to catch a foul ball and an obnoxious Fan 2 pushes him and the ball is caught by Fan 3, who owns the ball? Fan 3. Possession is 100% of his right. You can play around with this scenario. There are thousands of videos of fans chasing after a baseball and acting like starving wolves chasing a piece of meat. Or suppose Fan 1 and Fan 2 get into a fist fight over the ball and it fall into the lap of Fan 4 who is ten rows behind them? There is some law on this issue: it is called the Law Of The Jungle.
You gotta hold on to the ball. If you don't it's up for grabs. You'd hold onto it better if you caught it with your hands rather than your hat. Second guy gets the ball.
Of all of the Assistant State Attorneys who left the office for private practice — WHO was the most successful over the years Rumpole and other readers?
Old Tom Holligan left in the late 70s talking about some weird thing called DOS to make computers run and DOS was going to be licensed by a couple of kids named Gates and Allen and he was going to advise them. He took a small fee and equity in their company. He made billions. Thats one. Best golfer at State attorney’s office.
I will honestly say that I met Destiny Alvarez and I am convinced. The 11th judicial circuit needs this woman as a judge. We also need her to quickly move forward and run for chief judge and once and for all get rid of the cliques and favoritism that we have in this circuit today. The level of leadership that Destiny carries in her backpack is above and beyond any of the last Chief Judges we've had in decades after Chief Judge Farinas. Join me in moving Destiny Alvarez into the chief judge seat as soon as possible after being elected. Who is making the support group with me?
1:49pm Dan Lurvey
1:49pm. Phil R has done so much to fight for the underdog and to protect the constitutional rights of those charged. Prior to that, he was a fierce prosecutor.
The amount of weekly and sometimes daily emails from SAO high ups to buy SAO merch is ridiculous and quite annoying. Taxpayers should be annoyed that some ASAs are not actually doing their jobs they are making six figures for and spending their tiny brains forcing employees to buy garbage
Who is Phil R?
1:49pm Judge Vivianne DelRio
Almost anyone would be an improvement over where the leadership is now.
She lobbied hard for everyone's vote, and what's come of it? The status quo for the favored few, and transfers to undesirable sections for anyone who doesn't fall in line with her agenda. Judges who follow the law get hit with impeachment calls for doing their job — and leadership offers no backing, no support, nothing. Meanwhile there's money going to self-promotional posters.
Judges need to wake up: your vote should go to someone with real leadership skills, not to a friend and not for what it gets you personally.
One note worth raising — Destiny Alvarez is a registered Republican, same as the current Chief. Given how rampant the politics have gotten in the court system these days, I'm not sure how that plays out.
On procedure — the chief judge serves a two-year term. Under Rule of General Practice and Judicial Administration 2.215, she can only be removed early by the Supreme Court or a two-thirds vote of the active judges. So real change runs through the next cycle, which means building the votes now — or hoping the judges wake up, get together, and get rid of the current Chief before then.
Although not in private practice Jason Pizzo has made himself a great politician. This man was made for public service.
Alex Michaels did very well and was a good friend of mine.
Vindication for Alex Michaels
I’m confused by this comment. I just started my sabbatical. What did I already miss ?
Phil R (alternatively Phillar) is a legendary if mythic lawyer who went by the single name from the 1960s/ 70s who led a Zelig like life, showing up on the periphery of events. It was said he never lost a trial until a small Herald article announcing his sudden disappearance noted the reporter could not find a judge or lawyer who tried a case with him. State attorney at the time Richard Gerstein was quoted in the same interview as calling him a worthless slug and the best lawyer he knew. If you look at old you tube videos of the Bundy trial he is almost always seated up front westing his trademark bright gold ascot. He was rumored to be on Nixon, Ford, Carter, and Reagan’s short list for a Supreme Court appointment. He made news only when he missed a series of court dates and when authorities went to his small Miami Beach condo they found an open window, a half eaten lox and bagel on a plate with a note “I’ve gone have the rest if you like. It’s Nova “. He was never seen nor heard from since but reports sporadically surfaced he was a wildcatter in the Dakota oil fields, and working as a librarian in London. He is most remembered for responding to a judge during a motion. The judge said if Phil R was right he’d have to throw out all his law books and Phil R quipped “try reading them first.” Like Sy Gaer who came after, a true REG legend.
653 am Phil r comment lmao
Destiny Álvarez will bring an array of new ideas and perspectives that we currently lack. Destiny seems like an independent thinker, and she has the JNC in her back pocket. Fajardo has demonstrated a mean girl streak with her two deputy chiefs. It’s time for a change, as Gabriel Martin said when Bennett “Sleepy” Brummer to destroyed the Pd’s office by refusing to step down. Much like Harvey Ruvin.
By the way, Alex Annunziato would be an ideal candidate to rid us of KFR. The SAO needs change. Fernandez-Barquin can help them pack and leave as well. Why are we stuck with slugs and mushrooms?
6 figures while walking laps all day
Huh? What future does he have? Ex Democrat centrist Pro-Israel Republican? Look at the politics of this country and state’s voters. He has made all the wrong choices.
Alex knew it was a set up.
the man in the phillies jersery committed battery by snatching the ball out of the hand of the man in possession, perhaps even strong arm robbery or robbery by sudden snatching due to his intimidating nature and size advantage and the probability that the ball is worth a grand theft charge.
Pro Israel like that’s a bad thing?
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