Commit 96a3ce72 authored by Tom Gordon's avatar Tom Gordon

add three more possesion cases to the examples

parent e7454412
{"_id":"aba926f5-f02b-11e5-a253-005056807069","_rev":"1-3b60313c603238bea31741eca6858df8","meta":{"citation":"8 F. 159 (1881)","court":" United States District Court for the District of Massachusetts ","description":"This 1881 case decided ownership of a dead Finback whale (Balaenoptera physalus). The whale was killed by the libellant (plaintiff) Ghen’s bomb lance. The whale washed up on the shore 17 miles from Cape Cod and was found by Ellis, who then auctioned off the whale to Rich, the defendant. Finback whales generally sink after being killed, and it takes time for the whale to resurface. According to the custom of the time, dead whales were retrieved from the shore after 2-3 days, and the finder identified the whaling company that had made the kill from the unique mark of the bomb lance. The finder would then notify the whaling company by communicating with Provincetown and in return receive a finder's fee. In this case, it was unclear whether the whaler or the person who discovered the washed up whale owned the animal. The U.S. District Court of Massachusetts decided that it was unreasonable to expect the whaler to wait for the whale to return to the surface and therefore the whaler who killed the whale retained his claim to the property according to the custom under the prior common law and case law. The trial judge found, \"If the fisherman does all that is possible to do to make the animal his own, that would seem to be sufficient [to give that fisherman full ownership].\" Request for trover of the whale granted to Ghen. [Wikipedia](https://en.wikipedia.org/wiki/Ghen_v._Rich)\r\n\t\t\t","keywords":"possession, wild animals, dead whale","language":"English","majority":"Thomas Leverett Nelson","minority":"","title":"Ghen v Rich","year":"1881"},"issues":{"i1":{"meta":{},"positions":["possession","no-possession"],"standard":"PE"}},"statements":{"act-ok":{"meta":null,"text":"act-ok","label":"in"},"common":{"meta":null,"text":"common","label":"in"},"dm-opportunistic":{"meta":null,"text":"dm-opportunistic","label":"in"},"dr-ignorant-of-the-law":{"meta":null,"text":"dr-ignorant-of-the-law","label":"in"},"full-possession":{"meta":null,"text":"full-possession","label":"in"},"market-value":{"meta":null,"text":"market-value","label":"in"},"mortal-wounding":{"meta":null,"text":"mortal-wounding","label":"in"},"no-possession":{"meta":null,"text":"no-possession","label":"out"},"pm-livelihood":{"meta":null,"text":"pm-livelihood","label":"in"},"possession":{"meta":null,"text":"possession","label":"in"},"resident":{"meta":null,"text":"resident","label":"in"}},"arguments":{"a0":{"meta":{},"scheme":"cumulative","parameters":[],"premises":["market-value","mortal-wounding","pm-livelihood","full-possession","common","act-ok","dr-ignorant-of-the-law","resident","dm-opportunistic"],"conclusion":"possession","undercutter":"","weight":0},"a1":{"meta":{},"scheme":"cumulative","parameters":[],"premises":["market-value","mortal-wounding","pm-livelihood","full-possession","common","act-ok","dr-ignorant-of-the-law","resident","dm-opportunistic"],"conclusion":"no-possession","undercutter":"","weight":0}},"references":{},"assumptions":["dr-ignorant-of-the-law","pm-livelihood","resident","act-ok","mortal-wounding","full-possession","dm-opportunistic","common","market-value"],"labels":null}
{"_id":"a064daad-f02c-11e5-a253-005056807069","_rev":"1-0cc503ab2034fca798fbc23969ece2b8","meta":{"citation":"WL 31833731 Ca. Sup. Ct. 2002","court":"California Superior Court","description":"Popov sued Hayashi for conversion, believing that once it had touched his glove the baseball became his and although Hayashi came about it legally, he still had the duty to return it to its rightful owner.\r\n\r\nBefore the baseball was hit, it was considered property of MLB and after it was hit was considered intentionally abandoned property. Under this theory, whoever comes into possession of it first is the rightful owner.\r\n\r\nHowever, in all legal sense, Hayashi had come by the ball lawfully as well. In fact, if Popov had dropped the ball without having been attacked by the group of wrongdoers, it would have still been considered abandoned property that would be acquired by whomever successfully grasped it first.\r\n\r\nThe court considered that legal possession in this instance requires successfully attaining it and the intent to possess. Popov did both of these and so upon his losing it, it was considered his property. However, simultaneously, the court considered that his loss of it cancelled his possession of it and thus Hayashi was in legal possession. But simply giving Hayashi the rights to it would be unfair as well, as Popov would likely have certainly been in possession of it if not attacked by the wrongdoers.\r\n\r\n[Wikipedia](https://en.wikipedia.org/wiki/Popov_v._Hayashi)\r\n\t\t\t","keywords":"possession, conversion, baseball","language":"English","majority":"","minority":"","title":"Popov v Hayashi","year":"2002"},"issues":{"i1":{"meta":{},"positions":["possession","no-possession"],"standard":"PE"}},"statements":{"dm-opportunistic":{"meta":null,"text":"dm-opportunistic","label":"in"},"dr-innocent":{"meta":null,"text":"dr-innocent","label":"in"},"hot-pursuit":{"meta":null,"text":"hot-pursuit","label":"in"},"informal-excluse-right":{"meta":null,"text":"informal-excluse-right","label":"in"},"market-value":{"meta":null,"text":"market-value","label":"in"},"no-possession":{"meta":null,"text":"no-possession","label":"in"},"other-owner":{"meta":null,"text":"other-owner","label":"in"},"pm-opportunistic":{"meta":null,"text":"pm-opportunistic","label":"in"},"possession":{"meta":null,"text":"possession","label":"out"},"resident":{"meta":null,"text":"resident","label":"in"},"violently-illegal":{"meta":null,"text":"violently-illegal","label":"in"}},"arguments":{"a0":{"meta":{},"scheme":"cumulative","parameters":[],"premises":["other-owner","market-value","informal-excluse-right","dm-opportunistic","pm-opportunistic","dr-innocent","hot-pursuit","violently-illegal","resident"],"conclusion":"possession","undercutter":"","weight":0},"a1":{"meta":{},"scheme":"cumulative","parameters":[],"premises":["other-owner","market-value","informal-excluse-right","dm-opportunistic","pm-opportunistic","dr-innocent","hot-pursuit","violently-illegal","resident"],"conclusion":"no-possession","undercutter":"","weight":0}},"references":{},"assumptions":["dm-opportunistic","violently-illegal","pm-opportunistic","resident","dr-innocent","other-owner","market-value","hot-pursuit","informal-excluse-right"],"labels":null}
{"_id":"a1d97f54-f02a-11e5-a253-005056807069","_rev":"1-ddc537feb0bffa75c9fc057a2fac2d72","meta":{"citation":"Young v Hitchens 1844","court":"Queen's Bench","description":"Young's boats are enclosing a school of fish, and are in the process of dropping a net into the last remaining opening when Hitchens zooms in and catches a bunch of them.\r\n\t\t\t","keywords":"possession, wild animals, fishing","language":"English","majority":"","minority":"","title":"Young v Hitchens","year":"1844"},"issues":{"i1":{"meta":{},"positions":["possession","no-possession"],"standard":"PE"}},"statements":{"ac-none":{"meta":null,"text":"ac-none","label":"in"},"certain-capture":{"meta":null,"text":"certain-capture","label":"in"},"common":{"meta":null,"text":"common","label":"in"},"dm-livelihood":{"meta":null,"text":"dm-livelihood","label":"in"},"dr-solely-responsible":{"meta":null,"text":"dr-solely-responsible","label":"in"},"impolite":{"meta":null,"text":"impolite","label":"in"},"market-value":{"meta":null,"text":"market-value","label":"in"},"no-possession":{"meta":null,"text":"no-possession","label":"in"},"pm-livelihood":{"meta":null,"text":"pm-livelihood","label":"in"},"possession":{"meta":null,"text":"possession","label":"out"},"resident":{"meta":null,"text":"resident","label":"in"}},"arguments":{"a0":{"meta":{},"scheme":"cumulative","parameters":[],"premises":["certain-capture","impolite","pm-livelihood","ac-none","dm-livelihood","dr-solely-responsible","common","market-value","resident"],"conclusion":"possession","undercutter":"","weight":0},"a1":{"meta":{},"scheme":"cumulative","parameters":[],"premises":["certain-capture","impolite","pm-livelihood","ac-none","dm-livelihood","dr-solely-responsible","common","market-value","resident"],"conclusion":"no-possession","undercutter":"","weight":0}},"references":{},"assumptions":["dr-solely-responsible","common","impolite","market-value","pm-livelihood","ac-none","dm-livelihood","resident","certain-capture"],"labels":null}
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