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    Re: Brain Trauma Injury

    Posted by mamadoc on 12/22/05

    ... continuation (Posted this but reposting it because when I did
    it the first and second times, with slight variations, it went to
    the "system administrator for review" -- anyone know what triggers
    this result?)

    1. Adverse Possession or Prescriptive Easement?
    2. Duties of Landowner to Known Trespasser
    3. Intentional Tort - Battery
    4. Crimes of Farmer

    5. Farmer's defenses

    Even in jurisdictions that have make-my-day statutes allowing
    potentially lethal Defense to Property, as to entrants into a
    person's dwelling, no jurisdiction allow use of potentially deadly
    force to prevent a trespasser from using a trail for
    snowmobiling. Because Farmer's act was potentially deadly, even
    if it did not actually kill P, therefore, Farmer cannot invoke
    defense of property.

    If farmer can show he mistakenly believed that putting crates in a
    place that would block a trail used by high-speed snowmobilers
    under the conditions described in the facts would not place them at
    high risk for death or severe bodily harm, then the defense of
    mistake may apply, because Farmer is charged with general and not
    specific intent crimes.

    so, Mikey, my understanding is therefore that, unless Farmer can
    succeed in a defense of mistake, Farmer is liable for Battery or,
    if P dies, for depraved heart (or intent to commit serious bodily
    harm) second degree murder. Where is my logic flawed?

    Posts on this thread, including this one
  • Brain Trauma Injury, 12/18/05, by Rita Scott .
  • Re: Brain Trauma Injury, 12/18/05, by DontHurtMe.
  • Re: Brain Trauma Injury, 12/19/05, by M'sta Mikey.
  • Re: Brain Trauma Injury, 12/21/05, by mamadoc.
  • Re: Brain Trauma Injury, 12/21/05, by M'sta Mikey.
  • Re: Brain Trauma Injury, 12/22/05, by mamadoc.
  • Re: Brain Trauma Injury, 12/22/05, by mamadoc.
  • Re: Brain Trauma Injury, 12/22/05, by DontHurtMe.
  • Re: Brain Trauma Injury, 12/22/05, by mamadoc.
  • Re: Brain Trauma Injury, 12/22/05, by mamadoc.
  • Re: Brain Trauma Injury, 12/22/05, by mamadoc.
  • Re: Brain Trauma Injury, 12/22/05, by mamadoc.
  • Re: Brain Trauma Injury, 12/22/05, by Curmudgeon.
  • Re: Brain Trauma Injury, 12/27/05, by Rita Scott .
  • Re: Brain Trauma Injury, 12/27/05, by Rita Scott .
  • Re: Brain Trauma Injury, 12/29/05, by Order in the Court.
  • Re: Brain Trauma Injury, 12/30/05, by Rita Scott .


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