Screaming Bean |
Thursday, December 04, 2003
After reading Jeremy's latest Seussian poem, I feel compelled to put out a poem myself. I wrote this last year for my Torts class. And so I give you: Ode to Palsgraf Smoldering August, a jaunt to the beach, A trip on the railroad, a ticket for each. She worked as a janitor, and she wanted to travel, But little did she know how her life would unravel. A fellow traveler, standing with a brown packet, Not a name we are given, though he did wear a jacket, And also a hat, of this I am sure, In the late 20s, it meant you were mature. He was late for the train, but make it he must, To make it, the cop gave him a good thrust. He was carrying fireworks, yet still he did strive, They were not illegal until ‘65. He caught his foot, the packet went flying, Of what happened next, there is no denying. Smoke and destruction, a concussion blast, Helen went down, it happened so fast. Giant brass scales, they were there for design, The results that they caused, she would ever malign. Helen took them to court, it was tragic for sure To resolve her suit, only payment would cure. In the first suit, the trial court did find Helen deserved the money, Long Island wouldn’t mind. But mind they truly did, and filed an appeal, And the opinion we read, what did it reveal? Judge Ben Cardozo, a titan of law, His opinions are genius, he’s without a flaw. For a duty to owe, it must be foreseen, Helen gets no money, there’s no in between. Andrews dissented, he did not agree, It was not her fault, she was hit by debris. Ben carried the day, in the end Helen lost, And because she appealed, she must pay the cost. And so ends the story, alas it is sad, For Mrs. Palsgraf we first years feel bad. It doesn’t seem fair that she had to pay, But it’s Cardozo’s law, and we all must obey.
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