1. Standard membersh76
    Civis Americanus Sum
    New York
    Joined
    26 Dec '07
    Moves
    17585
    12 Sep '08 00:432 edits
    Originally posted by Mad Rook
    You must have seen the quote from Grandmaster Anatoly Lein: "I don't think like a tree--do you think like a tree?" 😵


    P.S. - It's the introductory quote from Chapter 1 of Jonathan Tisdall's "Improve Your Chess Now".
    What's wrong with thinking like a tree? After all, a tree can sue!

    Fisher v. Lowe, 333 N.W.2d 67

    Court of Appeals of Michigan

    Docket No. 60732

    A wayward Chevy struck a tree
    whose owner sued defendants three.
    He sued car's owner, driver too,
    and insurer for what was his due.
    For his oak tree that now may bear
    a lasting need for tender care.
    the Oakland County Circuit court,
    John O' Brian, J., set forth
    the judgment the defendants sought
    and quickly an appeal was brought.


    Court of appeals, J.H.Gillis, J.
    Gave thought to this and had this to say:
    1) There is no liability
    since no-fault grants immunity;
    2) No jurisdiction can be found
    where process service is unsound;
    and thus the judgment, as it's termed
    is due to be and is
    Affirmed.


    1.
    Defendant's Chevy struck a tree-
    there was no liability;
    the No-Fault Act comes into play
    as owner and the driver say.
    barred by the act's immunity
    no suit in tort will aid the tree.
    Although the oak's in disarray
    No court can make defendants pay.


    2.
    No jurisdiction could be found
    where process service was unsound;
    In personam jurisdiction
    was not even legal fiction.
    Where plaintiff failed to well comply
    with rules of court that did apply.


    J.H. Gillis, Judge
    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.
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