SPENCER LAW FIRM NEWSLETTER
Superfluity does not vitiate!
Recent Cases & Misc. Other Legal Stuff
Ques: Who said Quest into the Unknown?
March of 2001
BABY YOU CAN DRIVE MY CAR
The Law and the Automobile have been inextricably entwined since the latter first rolled down the Road. Car and Driver magazine notes a number of Historical Firsts of this relationship: First Auto Accident: May 30, 1896, NY, NY (car versus bike). First Speeding Ticket: In 1899 a New York City cabbie was nabbed for hot-rodding in excess of 12 mph! First Law Enforcement Officer’s Denial of Ticket Quota: Officer Edwardo Greech, Cleveland, Ohio, 1899. First Installation of Parking Meters: Oklahoma City, 1935.
COMPUTER STUFF
And speaking of automobiles and the law you might want to drive your mouse on over to www.speedtrap.com which provides countrywide reports of, let us say, police monitored stretches of road. (Disclaimer: This is not, repeat, not an advocation, express, implied or otherwise, of law breaking.)
A LITTLE BIT OF POETRY
The rich man has his motor-car,
His country and his town estate.
He smokes a fifty-cent cigar
And jeers at Fate.
[Excerpt from The Rich Man by Franklin Pierce Adams]
ANOTHER MAXIM OF JURISPRUDENCE
He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.
[Calif. Civil Code 3518]
RENTAL CAR BLUES
Shvarts v. Budget Group
Cal. App. Ct. (2nd Dist., Div. 4)
Unless you’ve got a big (but little monitored) expense account you’ve probably searched out that gas station near the car rental return to filerup yourself and avoid the hefty expense of having your kindly rental car company perform this task. Some folks thought this practice of having to pay way more for gas if you return the car without a full tank just wasn’t right. They sued, alleging that: The gas fees were approximately triple the prevailing retail price of gasoline and were excessive ... [and] vastly exceeded the amount of any actual damages suffered by Budget… They lost. (Well, quit whining! Lots of liquids cost more than gasoline: booze, Evian water, French perfume, etc....)
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