{"id":6144,"date":"2022-11-11T09:11:40","date_gmt":"2022-11-11T14:11:40","guid":{"rendered":"https:\/\/blog.richmond.edu\/lawlibrary\/?p=6144"},"modified":"2022-11-11T09:11:40","modified_gmt":"2022-11-11T14:11:40","slug":"a-thanksgiving-hypo-by-jack-ellis-1l","status":"publish","type":"post","link":"https:\/\/create.richmond.edu\/lawlibrary\/?p=6144","title":{"rendered":"A Thanksgiving Hypo by Jack Ellis (1L)"},"content":{"rendered":"<p><strong>Premise<\/strong>: You are a turkey farmer just a couple of months away from that most important day for turkey farmers, Thanksgiving. The turkeys are coming along nicely and will be perfect to sell for the holiday. However, an evil train conductor \u2013 let\u2019s call him Snidely Whiplash (who\u2019s upgraded to driving the train himself now) &#8212; has other plans for those birds. He proceeds to run them over with his railed machine of rolling destruction.<\/p>\n<p><strong>Question<\/strong>: When you sue Mr. Whiplash for \u201cnegligently\u201d running over your poor turkeys, will you ask for the value they would have if you sold them then, a paltry sum, or will you be able to collect their expected value on Thanksgiving?<\/p>\n<p><strong>Answer<\/strong>: When this happened in 1938, the Court of Appeals of Texas ruled that the lower courts erred in assessing and awarding the turkeys\u2019 value as what it would be on Thanksgiving. So instead of the $18 you would\u2019ve gained from those plump delicious <em>malegris gallopavos<\/em>, you\u2019ll only be getting the $6 for the little poults they were as if you had sold them the day they died. According to Texas, them\u2019s the rules. <em>Absurd! Injustice!<\/em><\/p>\n<p>But! Fret not my pitiful poultryman protagonist, just like Dudley Do-Right, you\u2019ll get the last laugh against Mr. Whiplash. In attempting to avoid shelling out the 18 clams, ol\u2019 Snidely ended up spending a hefty sum, including 10 bucks on his lawyer! All together his expenses were just over $100, which he was trying to get <em>you<\/em> to pay for after <em>he<\/em> gutted your gobblers. The nerve! The court refused, because even though you only got $6, since you collected damages, it was a valid claim and you can\u2019t be subjected to paying Mr. Whiplash\u2019s costs. And that\u2019s as happy an ending as we\u2019ll get. The End.<\/p>\n<p>For anyone interested in the real case, look up <em>Tex. &amp; N. O. R. Co. v. Nolen<\/em>, 107 S.W.2d 1116 (Tex. Civ. App. 1937).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Premise: You are a turkey farmer just a couple of months away from that most important day for turkey farmers, Thanksgiving. The turkeys are coming along nicely and will be perfect to sell for the holiday. However, an evil train<\/p>\n","protected":false},"author":5238,"featured_media":6145,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36947,36878],"tags":[96636],"class_list":["post-6144","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-food-and-fun","category-student-news","tag-student-authored"],"_links":{"self":[{"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=\/wp\/v2\/posts\/6144","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=\/wp\/v2\/users\/5238"}],"replies":[{"embeddable":true,"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6144"}],"version-history":[{"count":1,"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=\/wp\/v2\/posts\/6144\/revisions"}],"predecessor-version":[{"id":6146,"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=\/wp\/v2\/posts\/6144\/revisions\/6146"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=\/wp\/v2\/media\/6145"}],"wp:attachment":[{"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6144"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6144"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/create.richmond.edu\/lawlibrary\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6144"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}