Dear Michael and list members:
Power companies have indeed been held liable for injuries to motorists who
struck their poles, when the poles were located too close to a highway and when
they were made so strong that they would not break when hit by an automobile.
Some utilities use only break-away poles when near a highway.
I did not get enough facts about the concrete in the mail box, but it seems
to me that the owner was wanting to give the offender a sore arm, when hitting
a mail box with a bat, but I don't see the connection to the driver loosing
control of his vehicle and being killed. Often, the question turns on the
question of foreseability, and with the information I currently have about this
story, I have a hard time figuring out why the mail box owner would have
foreseen such a result.
When an actor is merely negligent, in running in to a power pole or a mail
box, that is one thing, but when the injured party was involved in a deliberate
misdeed, I do not follow the logic in prosecuting the owner
I suppose that makes for good television drama?
Yours Truly,
Clifford Wilson.
----- Original Message -----
From: Michael baldwin
To: [email protected]
Sent: Sunday, September 20, 2009 11:03 AM
Subject: RE: [BlindHandyMan] Ye beware the killer mailbox.
Not the same thing.
Kids were smashing the mail box with a ball bat, so the guy filled it with
concrete. The next time they hit the mail box the concrete filled mail box
caused them to lose control of the car and crash and die.
The guy filled the mail box with the concrete to intentionally hurt the
people who were smashing it.
If the power company started putting explosives in their pulls to blow up on
impact, they would be liable, they were intending to do harm to those that
ran in to it, drunk or not. But the polls are not put there for the purpose
of hurting or killing people.
All comes down to intent.
Michael
--------------
----- Original Message -----
From: "Bob Kennedy" <[email protected]>
To: <[email protected]>
Sent: Saturday, September 19, 2009 7:24 PM
Subject: Re: [BlindHandyMan] Ye beware the killer mailbox.
> Hopefully that's just TV. Can the power company be held responsible if a
> drunk runs into a power pole?
> ----- Original Message -----
> From: Dan Rossi
> To: Blind Handyman List
> Sent: Saturday, September 19, 2009 9:44 PM
> Subject: [BlindHandyMan] Ye beware the killer mailbox.
>
>
> Arhrhr, I be watchin CSI Miami right now, and they just busted some guy
> cuz he made a cement mailbox cuz some scurvy dogs been smashin up his
> mailbox. Well, these scurvy dogs came back and attempted to smash up his
> mailbox aghin, but then they lost control of thar car and they crashed
> and
> died. They bust mailbox man for two counts of neglagent homicide.
>
> --
> Blue skies ye scurvy dog.
> International Talk Like a Pirate Day 09/19/2009
> www.TalkLikeAPirate.com
> Dan Rossi
> Carnegie Mellon University.
> E-Mail: [email protected]
> Tel: (412) 268-9081
>
>
>
>
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