The Pimbaugh Letter

Saturday, November 10, 2007

"And who is my neighbor?"

Haley v. London Electricity Board, House of Lords, 1964. [1965] A.C. 778, [1964] 3 W.L.R. 479, 3 All E.R. 185.

London, 1956. Haley had been blind for many years due to an accident and used a walking stick to help him get around in the city. He worked as a telephonist for London County Council. Every day, he walked unaccompanied the 100 yards between his home and the bus. On the morning of October 29, the London Electricity Board was excavating a trench in the pavement. Haley walked by. The London Electricity Board's workmen had put up a punner that was only about ankle height as a makeshift barrier in front of the trench. Haley missed the obstacle with his stick and tripped over the obstacle and fell into the hole. Evidence was brought forward at trial to show that there were 7,321 totally blind people registered under the National Assistance Act of 1948 in London and showed that it was statistically "likely" that a blind person would walk by while the work was being done. There was evidence that they usually used little fences to protect against similar kinds of accidents, but that on that particular day, the fences had not been delivered.. Relying on this evidence, the court held that the defendants owed a "measure of care appropriate to the inability or disability of those who are immature or feeble in mind or body" when they knew of or ought to have "anticipate[d] the presence of such persons within the scope and hazard of their own operations"

Parable of the Good Samaritan, Luke 10:25-37

And, behold, a certain lawyer stood up, and tempted him, saying, Master, what shall I do to inherit eternal life? He said unto him, What is written in the law? how readest thou? And he answering said, Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy strength, and with all thy mind; and thy neighbour as thyself. And he said unto him, Thou hast answered right: this do, and thou shalt live. But he, willing to justify himself, said unto Jesus, And who is my neighbour? And Jesus answering said, A certain [man] went down from Jerusalem to Jericho, and fell among thieves, which stripped him of his raiment, and wounded [him], and departed, leaving [him] half dead. And by chance there came down a certain priest that way: and when he saw him, he passed by on the other side. And likewise a Levite, when he was at the place, came and looked [on him], and passed by on the other side.But a certain Samaritan, as he journeyed, came where he was: and when he saw him, he had compassion [on him], And went to [him], and bound up his wounds, pouring in oil and wine, and set him on his own beast, and brought him to an inn, and took care of him. And on the morrow when he departed, he took out two pence, and gave [them] to the host, and said unto him, Take care of him; and whatsoever thou spendest more, when I come again, I will repay thee. Which now of these three, thinkest thou, was neighbour unto him that fell among the thieves? And he said, He that shewed mercy on him. Then said Jesus unto him, Go, and do thou likewise.

Leviticus 19:14

Thou shalt not curse the deaf, nor put a stumblingblock before the blind, but shalt fear thy God: I [am] the LORD.



Friday, November 9, 2007

Woodey, Edlean, Randy, and Rhett Searle


In 1955, 19 years before their marriage sadly ended in divorce, the Searles, of Searle Bros. v. Searle, 588 P.2d 689 (Utah 1978) (Contained in Professor Yeazell's Civil Procedure textbook), were involved in an earlier suit in re a certain Abe Greenband. Porter v. Searle, 228 F.2d 748.
The Searles sold to Abe Greenband all the merchandise in their retail store, Searle's Saving Center in Vernal, Utah.

Greenband made a down payment and then monthly payments on the merchandise and the Searles held a mortgage on the merchandise. Within four months of filing for bankruptcy, Greenband surrendered the merchandise to the sellers in satisfaction of the balance due on their contract. The Searles discharged their lien and released the debtor from any further obligation. The bankruptcy trustee sought to have the transfer to the Searles set aside on the ground that it constituted a voidable transfer under 11 U.S.C.S. § 96. The trustee appealed from an adverse judgment. The court affirmed. The court concluded that the lien and the delivery of the merchandise in satisfaction did not constitute a preferential transfer. The court determined that the delivery of the merchandise to the debtor constituted present consideration for the balance of the purchase price and the equitable lien that came into being to secure the same. The court found that the merchandise was not surrendered to perfect the sellers' lien, but to satisfy the debt secured by the lien and to discharge the lien.

I don't really know what all of that means right now.

Anyhoo, the original pre-divorce Searles, in 1965, are above on the left of the picture.

The extended Searle family is involved in a sport called horse cutting. See here, too. Woodey owned a World Champion Cutting Horse named "Holey Sox". (Woodey is holding a picture of Holey Sox in the above picture)

Woodey B. Searle died on Jan. 31, 2002, survived by his sweetheart Vonetta Schanno Searle. They were married June 14, 1974. Their marriage was later solemnized in the Provo LDS Temple.

I wonder about Edlean; what happened to her.

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