Posted by jdemaris on April 09, 2010 at 14:50:14 from (72.171.0.138):
In Reply to: Re: OT,NY hitch law posted by Bret4207 on April 09, 2010 at 13:48:50:
I said it could be applied. I did not say anybody would prevail in a court-of-law with it. Personally, I think the council woman is an whining idiot that took this to court.
Any word used in a legal document that is not defined within that same document - is open to interpretation and a layman's meaning.
So, with "negligence" - if not defined, it can be taken as meaning as described in any American English dictionary under many circumstances.
Our legal system is far from an exact science, and even when it IS well written - a Judge can find otherwise.
Also note that the word "vehicle" is used, NOT "motor vehicle." The state of New York DOES define "vehicle." There is a big difference in New York. A "motor vehicle" is only legally so when operated on a public highway (with a few exceptions). A "vehicle" only has to be capable of public highway use but is still a vehicle when parked on private land.
A parked car in a parking lot is legally a vehicle. When you add "use" and "negligence" the common dictionary gets applied since neither are defined in NY Consolidated Laws.
Owning a car and leaving it in a parking lot - ready to take you somewhere when needed is a "use." Negligence by having a hitch sticking out where someone might walk into it is a stretch in my mind. But not in everybody's. Obviously the angry concinwoman in Brooklyn things otherwise.
To play devil's advocate - if someone left a 20 foot sharp metal spike sticking out the back of their car and someone walked into it and got speared - would you call it "negligence" then? If not, how about it sticking out 50 feet? Sounds rediculous, but . . . seems at some point your argument stops working.
I assume that's why current case law shows many court decisions that seem to NOT go along with the laws as written.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
... [Read Article]
Latest Ad:
Sell 1958 Hi-Altitude Massey Fergerson tractor, original condition. three point hitch pto engine, Runs well, photos available upon request
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
