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From: "Michael A. Terrell"
Subject: Re: US Mailboxes
Date: Thu, 26 Dec 2002 15:52:51 -0500
Organization: Have you seen my bench? No, really! Where is it?
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References: <email@example.com> <firstname.lastname@example.org> <email@example.com> <firstname.lastname@example.org> <3E04D993.5168868C@mfi.net> <3E04F868.892F5BF5@yahoo.com> <3E053259.4BEE4229@mfi.net> <email@example.com> <3E0A94DE.firstname.lastname@example.org> <3E0AA17D.E21DED56@mfi.net> <3E0B65C7.email@example.com>
Fred Bloggs wrote:
> Michael A. Terrell wrote:
> > Fred Bloggs wrote:
> >>William Meyer wrote:
> >>>Michael Painter wrote:
> >>>>A civil action could probably be brought in such a case but it does not fit
> >>>>the definition of assualt (essentially the threat) or battery (the actula
> >>>>action) here in the US.
> >>>No, but I would not be shocked to see a lawyer claim it as an attractive nuisance.
> >>LOL- that would only apply to the owner's liability to the juvenile who
> >>broke his arm while swinging the bat at the box from a vehicle traveling
> >>at 60MPH...possible.
> > The mailbox I was talking about was off the main road, on a private
> > road was properly marked "No Trespassing!", and "No trucks over 6000 lbs
> > GVW". There was no way to drive by it at any speed. You had to pull off
> > the main road, back around, then pull up to it on the right side of the
> > private road and 25 feet off the main road. So you had to trespass on a
> > private road to destroy government property. In an area with numerous
> > complaints filed with the county sheriff over vandalism. You wouldn't
> > have a leg to stand on and not much of an arm to lean on, either. :)
> The detail you are missing is *juvenile*- unless special provisions are
> made in the law- juveniles cannot commit crimes- that is, if you are a
> juvenile, you cannot commit any act that qualifies as a crime. This
> general principle has been amended in recent years to change this in
> very serious cases like murder, carjacking, arson etc where under law
> the juvenile loses this privilege and is tried as an adult. But unless
> the law specifically states this, the juvenile act cannot be classified
> as a crime. The relatively petty vandalism of smashing a mailbox will
> not be a formal crime for a juvenile.
> The story for an adult is an entirely different matter- usually he/she
> has no standing to sue for an injury sustained while committing a crime-
> but even this has exceptions. I am sure everyone recalls the famous case
> from the 70's where a burglar did successfully sue an Iowa farmer who
> rigged up a shot-gun boobytrap to kill intruders. The burglar ended up
> with property rights to the farm:-) That type of thing is still
> considered going too far these days. The steel post sunk in 24" of
> concrete comes close but I'm not sure if it's quite there. Generally the
> law does not condone private crime prevention that leads to serious
> injury of the criminal- that is left to law enforcement-)
A car would have had to hit a power pole to get to the mailbox post.
It was set back almost two feet so that it was not possible to hit it by
accident. You would have to drive into it head on, up a pile of broken
concrete fill used to prevent the private road from washing out. It was
not a booby trap. If someone tried to drive over the box they would
probably end up going over the edge and dropping 20 feet. That was why
the road was private and no large trucks were allowed to use it because
it had to be repaired quite often. I couldn't afford to have over a
mile of private road paved because it had a sugar sand base. It would
have required removing two to three feet of sand, then filling it with
something that would compact before it could be paved. If you DID NOT
set a mail box post or fence post in concrete it had to go six feet into
the ground or it would not stay there for long. It was out in the
middle of what had been Lake County Florida's orange groves that were
lost to severe frost over 25 years ago. You would have to see the area
Michael A. Terrell
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