A driver crashed into a tree, and the tree’s owner sued seeking $15,000 for his pain and suffering, saying the “beautiful oak” was like someone dear to him. The 3-judge appellate court affirmed the lower court’s dismissal of the case. Here is the complete text of its opinion.
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.
This message has been edited. Last edited by: shufitz,
Good! Nevertheless, did the driver not have property damage coverage?
Regarding personhood, if corporations are persons, and money is a person via corporations, why not trees? Or am I going out on a limb to get to the root of this issue? Do you think I'm nuts? Should I leaf myself outa this issue?
Love the court's humor. I sympathize with the tree-owner. But it seems a bit much to sue somebody for $15k while they’re recovering from what must have been serious injuries.
We silently expelled steam from ears for years after next-door nbr took down perfectly healthy tree between our driveways because it was shading his prize copper birch [which died in a few yrs anyway – both trees were 85yo at that point]. Without a consult or even a howdy-do. Figured it was at least half ours… but it wasn’t! After that they always consulted us with new plans so I got to see the actual property line, oops they own everything from the edge of our driveway over.
Posts: 2605 | Location: As they say at 101.5FM: Not New York... Not Philadelphia... PROUD TO BE NEW JERSEY!
Heh, heh! Gotta love that empress tree. I could plant on my side of the rear fence and overshade their entire garden within two years. Did you know there’s a reasonable version of bamboo? I caught my back nhbr putting something in behind his garage—again, thought it was my property but turns out it was in a strip he owns just behind it. He explained he was trying to block the Eng ivy that sneaks in uninvited from my side. & assured me that though bamboo, it grew slowly in a contained manner. He was right! 5 yrs later it’s a nice-looking 3ft hedge.
Posts: 2605 | Location: As they say at 101.5FM: Not New York... Not Philadelphia... PROUD TO BE NEW JERSEY!
Originally posted by bethree5: He explained he was trying to block the Eng ivy that sneaks in uninvited from my side.
Well, it won't work. The ivy will grow in the sun or shade, and it might start climbing his bamboo. I think you should try to keep your ivy on your side of the fence. Personally, I would rip it all out. English ivy is a noxious weed noxious weed in Washington State and you can see why by the pictures. But nurseries still continue to sell it. Unfortunately only the named cultivars are on the list.
Originally posted by tinman: I hope you're joking, Geoff.
Wellll, maybe. English ivy is considered an invasive weed here too, as are empress trees. For that matter honeysuckle is too. Walnut trees secrete a chemical, juglone, that prevents many other plants from growing near them, but they are prized by many. Kinda rough to have an all-native, non-toxic, non-invasive, native plant yard!
English ivy is considered an invasive weed here too ...
Yes, I know, The No-Ivy League was started in Portland in 1994 and Oregon banned the sale, transport or propagation of English ivy in 2010. Of course, the birds don't know about that law.This message has been edited. Last edited by: tinman,
I so agree re: English ivy, tinman. I hate the damn stuff. During the years I planted veggies in that part of the back, I ripped it up roots & all many a time. But my bending over & ripping out days are long behind me, & it will creep in-- mostly at this point from the way back of his next-door neighbor's yard, but who's counting. So far the bamboo's doing the job. Thank god our next-door nbrs finally found a tree man who was willing to get it off another tree on that between-driveways strip. I'd already had my lawn maintenance guy, then a different tree man roll their eyes and politely decline...
Portland sounds like a very community-minded place. We are too in our way, but activism tends to focus on anti-overdevelopment of buildings. E.g., our neighborhood managed tp delay 'Village Properties' from executing their plan for a new ShopRite on the nearest main street for 10 full years. [One year, the annual elemsch parent-play fundraiser ended the traditional men-in-drag number by turning backs to audience & lifting skirts to reveal 10 prs of white boxer-shorts emblazoned with large red letters spelling out "No ShopRite."] But RE & its developers rule in NJ; eventually it got built...
Posts: 2605 | Location: As they say at 101.5FM: Not New York... Not Philadelphia... PROUD TO BE NEW JERSEY!
Portland is a victim of its success. It has become so expensive, crowded and lawless that I wouldn't want to live there now if I could still afford to. Last time I was there it felt like trying to drive into Chicago, and way worse than Los Angeles.
This message has been edited. Last edited by: Geoff, 