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(News 5 Cleveland)   Ohio Supreme Court says a man's mailbox is his castle   (news5cleveland.com) divider line
    More: Followup, Supreme Court of the United States, Court, Chief Justice of the United States, Supreme court, Pickup truck, United States, Jury, Automobile  
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6243 clicks; posted to Main » on 07 Dec 2021 at 10:20 AM (7 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2021-12-07 9:50:07 AM  
Some folk'll never flip a truck
But then again, some folk'll
Like Cletus the Snapped-Neck Yokel
 
2021-12-07 10:21:41 AM  
Fark user imageView Full Size
 
2021-12-07 10:22:01 AM  
In December 2016, Cletus Snay crashed his pickup truck into Matthew Burr's mailbox in Bellevue after hitting a patch of black ice.

Needs something about prison, and mama, and getting drunk.
 
2021-12-07 10:22:31 AM  
Fark user imageView Full Size
 
2021-12-07 10:27:32 AM  
This was real?  A court case trying to argue that someone's mailbox was too sturdy?  Fluck it, I give up trying to make sense of it all.
 
2021-12-07 10:29:02 AM  
I'm sorry, is this a bad thing? I have a humongous tree in my front yard. If someone tearing around the corner were to crash into that tree (not impossible, a couple of months ago a driver accidentally tore through my front yard, destroying a lawn chair, displacing bits of a rock wall, and BARELY missing the tree in the process), should they be able to sue me for crashing their f*cking truck into my tree?
 
2021-12-07 10:29:12 AM  
ronhaines.files.wordpress.comView Full Size
 
2021-12-07 10:30:16 AM  

BitwiseShift: [Fark user image 618x410]


That's got to be one of the most obtuse invocations of Betty White ever.
 
2021-12-07 10:32:51 AM  
the driver alleges his pickup truck would not have flipped over had it not been for the fortified mailbox post

The pickup truck wouldn't have flipped over if he'd stayed on the frkkin' road, too.
 
2021-12-07 10:33:19 AM  
I'm on the fence here. If you are that concerned about your mailbox, maybe look for a hobby?

Mine is one of those Rubbermaid types but at the ground it is attached by a big spring. Plows hit it all the time and just gets scratched up.

I don't see much of a reason to have a mailbox that is sturdier than a telephone pole.
 
2021-12-07 10:34:06 AM  
The law is clear about booby traps...booby traps are illegal.   https://www.truittlaw.com/blog/2018/04/am-i-liable-for-a-trespassers-injuries/ The question here is was this a booby trap?  I think this mailbox fits the legal definition of booby trap.  I'm guessing the slack jawed yokel's lawyer will appeal.
 
2021-12-07 10:34:24 AM  

Hyperbolic Hyperbole: I'm sorry, is this a bad thing? I have a humongous tree in my front yard. If someone tearing around the corner were to crash into that tree (not impossible, a couple of months ago a driver accidentally tore through my front yard, destroying a lawn chair, displacing bits of a rock wall, and BARELY missing the tree in the process), should they be able to sue me for crashing their f*cking truck into my tree?


You can sue for anything.  You won't win, but you can certainly try.
 
2021-12-07 10:38:28 AM  

New Rising Sun: Hyperbolic Hyperbole: I'm sorry, is this a bad thing? I have a humongous tree in my front yard. If someone tearing around the corner were to crash into that tree (not impossible, a couple of months ago a driver accidentally tore through my front yard, destroying a lawn chair, displacing bits of a rock wall, and BARELY missing the tree in the process), should they be able to sue me for crashing their f*cking truck into my tree?

You can sue for anything.  You won't win, but you can certainly try.


c.tenor.comView Full Size
 
2021-12-07 10:39:18 AM  
Some folk'll never eat a skunk,
But then again, some folk'll
Like Cletus the Slack-Jawed Yokel!
 
2021-12-07 10:39:36 AM  

wild9: I'm on the fence here. If you are that concerned about your mailbox, maybe look for a hobby?

Mine is one of those Rubbermaid types but at the ground it is attached by a big spring. Plows hit it all the time and just gets scratched up.

I don't see much of a reason to have a mailbox that is sturdier than a telephone pole.


I see you haven't met me as a teenager ;)

A 5lb bag of flour going at 35 mph when hitting a mailbox is a thing of beauty
/Spent a night in the pokey for it too, but that put me on the straight and narrow.
 
2021-12-07 10:40:19 AM  

Fissile: The law is clear about booby traps...booby traps are illegal.   https://www.truittlaw.com/blog/2018/04/am-i-liable-for-a-trespassers-injuries/ The question here is was this a booby trap?  I think this mailbox fits the legal definition of booby trap.  I'm guessing the slack jawed yokel's lawyer will appeal.


If it was designed to collapse or turn in a specific way to impale a car after being hit, then yes, it would be a booby trap.  However, it was designed to be strong to prevent damage from snowplows (that have killed 2 of my mailboxes).  It is no different than a big boulder or a tree.

/my next mailbox will be a fortress
 
2021-12-07 10:40:46 AM  

wild9: I don't see much of a reason to have a mailbox that is sturdier than a telephone pole.


To flip some goober's truck when he hits it?
 
2021-12-07 10:42:10 AM  
My dad used to get incensed at people doing X to his property.  Like in our town, you piled the leaves on the curb and the town would come with a giant vacuum trunk and suck them up.  This was to get people to stop burning them.  Teenagers would often drive through the leaves and scatter them.  My dad wanted to put cinder blocks in the leaves.  I had to explain why this was a bad idea.

Then, he was incensed by people cutting through our yard to get to the next street over.  He wanted to put nails through boards and leave them in the yard to maim the trespassers.  I had to explain why this was an even worse idea.
 
2021-12-07 10:42:13 AM  
you don't snay
 
2021-12-07 10:42:46 AM  

Hyperbolic Hyperbole: I'm sorry, is this a bad thing? I have a humongous tree in my front yard. If someone tearing around the corner were to crash into that tree (not impossible, a couple of months ago a driver accidentally tore through my front yard, destroying a lawn chair, displacing bits of a rock wall, and BARELY missing the tree in the process), should they be able to sue me for crashing their f*cking truck into my tree?


I'm guessing you didn't plant the tree specially as an obstetrical.  Also trees provided benefits for everyone. They stabilize the soil, clean the air, provide shade and shelter for wildlife.  The mailbox guy had a problem with local rednecks deliberately running over his mail box.  Mailbox guy's response was to booby trap the mailbox.  That's illegal.   The court is clearly pandering to right-wing morans with this decision.  This will probably be appealed.
 
2021-12-07 10:43:51 AM  

lilbjorn: the driver alleges his pickup truck would not have flipped over had it not been for the fortified mailbox post

The pickup truck wouldn't have flipped over if he'd stayed on the frkkin' road, too.


I'd give him a pass given the black ice. The article doesn't mention any other contributing factor. Not the home owner's responsibility, but it doesn't sound like the driver was doing anything malicious either. His car insurance needs to pony up.
 
2021-12-07 10:44:33 AM  

Hyperbolic Hyperbole: I'm sorry, is this a bad thing? I have a humongous tree in my front yard. If someone tearing around the corner were to crash into that tree (not impossible, a couple of months ago a driver accidentally tore through my front yard, destroying a lawn chair, displacing bits of a rock wall, and BARELY missing the tree in the process), should they be able to sue me for crashing their f*cking truck into my tree?


Did you intentionally put a bigger more deadly tree there in reaction to someone running over the previous tree?
 
2021-12-07 10:44:51 AM  

trappedspirit: This was real?  A court case trying to argue that someone's mailbox was too sturdy?  Fluck it, I give up trying to make sense of it all.


The postal service rule is that it's supposed to snap off, so a-holes drive around smashing mailboxes for fun.

Homeowners are not bound by postal service guidelines, I guess.  They do not have to design their yard / land / anything on it to prevent injury if someone leaves the road and crashes into it.  According to this ruling.

However, I have made the wall along my yard with steel girders and magnets.  The spike traps and automated turrets will take care of the rest if there's a crash.  The robotic guard dogs will dispose of any remaining debris or meat.  Once they are clear, a quick wash-down with the hoses will ensure no messy fluids remain, which may be a hazard to pedestrians.  I take pedestrian safety very seriousl...

Oh no, we may need to reprogram the turrets and guard dogs.  The parade is going horribly wrong!
 
2021-12-07 10:47:54 AM  

Fissile: Hyperbolic Hyperbole: I'm sorry, is this a bad thing? I have a humongous tree in my front yard. If someone tearing around the corner were to crash into that tree (not impossible, a couple of months ago a driver accidentally tore through my front yard, destroying a lawn chair, displacing bits of a rock wall, and BARELY missing the tree in the process), should they be able to sue me for crashing their f*cking truck into my tree?

I'm guessing you didn't plant the tree specially as an obstetrical.  Also trees provided benefits for everyone. They stabilize the soil, clean the air, provide shade and shelter for wildlife.  The mailbox guy had a problem with local rednecks deliberately running over his mail box.  Mailbox guy's response was to booby trap the mailbox.  That's illegal.   The court is clearly pandering to right-wing morans with this decision.  This will probably be appealed.


No, that is a shelter for pedestrians when cars start sliding everywhere on the ice.  All mailboxes should be made into fortresses, to protect the pedestrians.
 
2021-12-07 10:48:09 AM  

chewd: Hyperbolic Hyperbole: I'm sorry, is this a bad thing? I have a humongous tree in my front yard. If someone tearing around the corner were to crash into that tree (not impossible, a couple of months ago a driver accidentally tore through my front yard, destroying a lawn chair, displacing bits of a rock wall, and BARELY missing the tree in the process), should they be able to sue me for crashing their f*cking truck into my tree?

Did you intentionally put a bigger more deadly tree there in reaction to someone running over the previous tree?


I planted the kite eating tree in my front yard
 
2021-12-07 10:49:44 AM  
Oh, yeah, I remember this one. Quite the controversy here on Fark.

I agree with the court's decision.
 
2021-12-07 10:50:14 AM  
y.yarn.coView Full Size
 
2021-12-07 10:50:51 AM  

Rapmaster2000: My dad used to get incensed at people doing X to his property.  Like in our town, you piled the leaves on the curb and the town would come with a giant vacuum trunk and suck them up.  This was to get people to stop burning them.  Teenagers would often drive through the leaves and scatter them.  My dad wanted to put cinder blocks in the leaves.  I had to explain why this was a bad idea.

Then, he was incensed by people cutting through our yard to get to the next street over.  He wanted to put nails through boards and leave them in the yard to maim the trespassers.  I had to explain why this was an even worse idea.


I remember that cutting through yards was super normal when I was a teenager. It was the fastest way to get home when you were walking from school. These days though, you're likely to be shot. I dunno, maybe it's location specific. Maybe in some places you were always likely to be shot.
 
2021-12-07 10:50:56 AM  
Fortress mailboxes are a classic case of:
i.imgur.comView Full Size


Honestly, i would be mortified if someone were killed or maimed by my mailbox. Even if it was perfectly legal and i got off scott free, i would not be guilt-free. It would forever bother me that someones grandma died because i lost my temper at random mailbox smashing kids. 

But then, unlike most americans... i have a conscience.
 
2021-12-07 10:50:59 AM  
Is the postal service "guideline" that mailboxes break away really just a guideline, or is it enforceable by law in any way? That's really the only question.

Other than maybe "why do people drive like ice doesn't exist?" Driving fast enough that your truck will flip if you hit something? In those conditions? On a road that would very obviously be last to be serviced by plows and salt, if it's serviced at all? Idiot.

Fun 99pi episode about breakaway road signs.
 
2021-12-07 10:52:06 AM  

aungen: trappedspirit: This was real?  A court case trying to argue that someone's mailbox was too sturdy?  Fluck it, I give up trying to make sense of it all.

The postal service rule is that it's supposed to snap off, so a-holes drive around smashing mailboxes for fun.

Homeowners are not bound by postal service guidelines, I guess.  They do not have to design their yard / land / anything on it to prevent injury if someone leaves the road and crashes into it.  According to this ruling.

However, I have made the wall along my yard with steel girders and magnets.  The spike traps and automated turrets will take care of the rest if there's a crash.  The robotic guard dogs will dispose of any remaining debris or meat.  Once they are clear, a quick wash-down with the hoses will ensure no messy fluids remain, which may be a hazard to pedestrians.  I take pedestrian safety very seriousl...

Oh no, we may need to reprogram the turrets and guard dogs.  The parade is going horribly wrong!


Do you write Fallout material?
 
2021-12-07 10:52:16 AM  

Yellow Beard: wild9: I don't see much of a reason to have a mailbox that is sturdier than a telephone pole.

To flip some goober's truck when he hits it?


To take the baseball bat right out of that fool kid's hands when he takes a whack at it out the passenger window late of an October 31st?
 
2021-12-07 10:53:23 AM  
No, his pickup would not have flipped, had he STAYED ON THE ROAD!
 
2021-12-07 10:53:44 AM  

TypoFlyspray: Yellow Beard: wild9: I don't see much of a reason to have a mailbox that is sturdier than a telephone pole.

To flip some goober's truck when he hits it?

To take the baseball bat right out of that fool kid's hands when he takes a whack at it out the passenger window late of an October 31st?


But what's the purpose of being malicious like that? In the end it doesn't make you any better than the dumb teenager that's smashing mailboxes.
 
2021-12-07 10:53:53 AM  

Fissile: I'm guessing you didn't plant the tree specially as an obstetrical


Of course not!  If you want an Obstetrical you plant a speculum.
 
2021-12-07 10:54:41 AM  
It's not my fault I was unable to keep control of my vehicle and then drove onto private property, if only that mailbox wouldn't have been there I could have crashed through the house and into their bedroom just like god intended.
 
2021-12-07 10:55:31 AM  

quo vadimus: Is the postal service "guideline" that mailboxes break away really just a guideline, or is it enforceable by law in any way? That's really the only question.

Other than maybe "why do people drive like ice doesn't exist?" Driving fast enough that your truck will flip if you hit something? In those conditions? On a road that would very obviously be last to be serviced by plows and salt, if it's serviced at all? Idiot.

Fun 99pi episode about breakaway road signs.


I'd guess it would be enforceable by the post office, but the enforcement would just be them determining that it doesn't qualify as a mailbox and they won't deliver mail to it. I don't think whether or not it's a mailbox or was following mailbox regs really matters to the case. Some people around here have brick pillars flanking the entrance to their driveways, I think this case would be the same if the guy had hit one of those.
 
2021-12-07 10:55:43 AM  
article: 'voted 5-2 that landowners owe no duty to protect motorists who leave the regularly traveled portion of the road'

Because otherwise *anything* in your yard could cause you to get sued by an idiot that had been driving poorly and hit your swingset, etc.
 
2021-12-07 10:56:11 AM  
Around here, I've seen masonry mailboxes more frequently.

They look nice, but I'm sure they'd do a number on a truck, and they're not hiding that capability.
 
2021-12-07 10:56:22 AM  
It either is or is not legal and it shouldn't take a court to analyze it out of thin air. Is there a law making it illegal? If not, then it's legal. This isn't hard, folks.
People are getting upset because it's a mailbox which you might expect to be weaker - but it could have been anything - he could have put a boulder out there just to look at. If the homeowner wasn't prohibited from installing it then it's legal. He might be a arsehole, but it ain't a crime.
 
2021-12-07 10:56:34 AM  

wild9: TypoFlyspray: Yellow Beard: wild9: I don't see much of a reason to have a mailbox that is sturdier than a telephone pole.

To flip some goober's truck when he hits it?

To take the baseball bat right out of that fool kid's hands when he takes a whack at it out the passenger window late of an October 31st?

But what's the purpose of being malicious like that? In the end it doesn't make you any better than the dumb teenager that's smashing mailboxes.


Saves me the money and trouble of replacing the mailbox.  Course, hereabouts, the best practice in mailbox fortification is to build them into a brick pillar. That's not a trap - no deception.

Further, any fortified mailbox painted with diagonal red and white or black and yellow stripes advertises that it is fortified and therefore not a trap.
 
2021-12-07 10:56:47 AM  
Speaking as someone who has lived in both rural and urban parts of the country, I would have to say that in their rural, backwoods, dumb little county that the land owner was acting appropriately by fortifying their mailbox. You see, out in the rednecky parts of this great country of ours the young people (meaning those under 60) have a game they like to play called Mailbox Baseball.  There are some days you can go down a stretch of road and find every single mailbox smashed or knocked off its post.

Smarter yokels figure out that it's inevitable after about the fifth or sixth time replacing their mailbox, and then they do something that will "fix'em gud", i.e. they fortify the mailbox.

Some just put up a wall of boards blocking it from one side (they often decorate it with reflectors, flags, or the new fashion: MAGA stickers). Some get themselves a solid steel mailbox and secure it to a thick, solid steel pole with concrete poured at the base to hold'er in place. Some build a little fortress around their box made of bricks or rocks or tires.

Frankly, I think mailbox booby traps should be legal. In the country there's such a problem with Mailbox Baseball that it costs homeowners thousands in mailboxes, lost mail, time, effort, and other property. Securing your box against hooligans should be every American's right. If you're dumb enough to swing at a mailbox with a baseball bat from the passenger seat or bed of a pickup truck going 40 miles per hour on a dirt road, then you should not have any right to sue when the mailbox explodes, sending shrapnel into the truck, your face, and local wildlife that may bear witness to your crimes.
 
2021-12-07 10:57:26 AM  
Don't take this ruling to mean you can get back at the mailbox baseball kids by filling yours with cement.
 
2021-12-07 10:57:35 AM  

p51d007: No, his pickup would not have flipped, had he STAYED ON THE ROAD!


Why are we wasting all this money on guardrails then?

People who's cars slip off the road momentarily DESERVE TO DIE.
 
2021-12-07 10:57:43 AM  

Fissile: The law is clear about booby traps...booby traps are illegal.   https://www.truittlaw.com/blog/2018/04/am-i-liable-for-a-trespassers-injuries/ The question here is was this a booby trap?  I think this mailbox fits the legal definition of booby trap.  I'm guessing the slack jawed yokel's lawyer will appeal.


How is it a booby trap? A reinforced mailbox is functionally the same as a giant decorative rock on his property. Stay on the road and you won't hit either one.

And if Captain Indycar was driving at a sensible speed, he'd get a bashed in radiator instead of a complete flip.
 
2021-12-07 10:57:46 AM  

gopher321: [Fark user image 500x666]


"Technically"...the best kind of correct.
 
2021-12-07 10:58:52 AM  

chewd: Hyperbolic Hyperbole: I'm sorry, is this a bad thing? I have a humongous tree in my front yard. If someone tearing around the corner were to crash into that tree (not impossible, a couple of months ago a driver accidentally tore through my front yard, destroying a lawn chair, displacing bits of a rock wall, and BARELY missing the tree in the process), should they be able to sue me for crashing their f*cking truck into my tree?

Did you intentionally put a bigger more deadly tree there in reaction to someone running over the previous tree?


I hear Whomping Willows are great for this.
media1.popsugar-assets.comView Full Size
 
2021-12-07 10:58:53 AM  

wild9: I'm on the fence here. If you are that concerned about your mailbox, maybe look for a hobby?

Mine is one of those Rubbermaid types but at the ground it is attached by a big spring. Plows hit it all the time and just gets scratched up.

I don't see much of a reason to have a mailbox that is sturdier than a telephone pole.


Fark user imageView Full Size
 
2021-12-07 10:58:53 AM  
Fark user imageView Full Size


Ads have no sympathy for driver.
 
2021-12-07 10:59:27 AM  

chewd: Fortress mailboxes are a classic case of:
[i.imgur.com image 393x399]

Honestly, i would be mortified if someone were killed or maimed by my mailbox. Even if it was perfectly legal and i got off scott free, i would not be guilt-free. It would forever bother me that someones grandma died because i lost my temper at random mailbox smashing kids. 

But then, unlike most americans... i have a conscience.


Problem is, after mr-can't-drive-for-shiat prevails, the next case comes along and claims you built the foundation of your home too solid and that it should give way to a vehicle as its spin off the road. Or that you built it too close to the road. Or that the bulb in the reading lamp by your chair shone too brightly through the window and blinded him.

Hyperbole? Maybe, but people have sued for less.
 
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