“Superfluity Does Not Vitiate!”
Now the serpent was more subtile than any beast of the field which the Lord God has made. And he said unto the woman, Yea, hath God said, Ye shall not eat of every tree of the garden? (Genesis 3:1)
“Oh,” cried the farmer, “Why did you bite me after I saved you?”
“You knew I was a snake when you picked me up,” answered the snake.
(The Farmer and the Snake)
“NEVER GIVE A SUCKER AN EVEN BREAK”
(Otis Criblecoblis)
On Oct. 4, 1938 a young New Jerseyite named Harry Yadkoe sent W.C. Fields: “some scenes and dialogue for your next picture ‘You Can’t Cheat an Honest Man.’” The film debuted the following year starring Fields (funniest man ever) as Larson E. Whipsnade (with a comedic assist from Edgar Bergen & Charlie McCarthy). Yadkoe was upset about lack of monies for a scene where a woman fainted each time Whipsnade mentioned snakes; booze was then called for and produced, ostensibly to treat the lady, but really just to be imbibed by Whipsnade. A lawsuit ensued. (Yadkoe v. Fields (1944) 66 Cal.App.2d 150) Yadkoe testified that “I sent ... [Fields] this snake story ... [and] some ‘Snake-isms’ [where] ... I have him coming home and ... [he’s] boasting how he conquered the snake, how he beat it wrestling and ... this women hears the mention of snakes and faints, as she faints he gives her a drink of liquor and takes a drink of liquor himself and goes right on talking about snakes and the same thing happens and he takes another drink ...” Young Mr. Yadkoe won eight grand at trial; affirmed on appeal. As he was leaving the courthouse Fields (who averaged three quarts—yes, quarts—of gin a day) undoubtedly uttered (one of his favorite exclamations): “Godfrey Daniels!”
IN CASE I RUN INTO A SNAKE
Snakes appear quite often in the law as a reason for exercitation of 2nd Amendment rights. Here are two (of many) examples: The gun in my backpack? Only used to shoot snakes, officer, it had nothing to do with my marijuana farm. (United States v. Fernandez (9th Cir. 2008) 526 F.3d 1247) Honestly, officer, I wasn’t in a “gunfighter stance” and I only “put the clip in the weapon because of snakes, rats and skunks which inhabit the area.” I had no intention of drawing my gun on you, officer, really, believe me ... (People v. Mercer (1980) 113 Cal.App.3d 803)
HERDING MONGOOSES?
Woods-Leber v. Hyatt Hotels of Puerto Rico, Inc. (1st Cir. 1997) 124 F.3d 43 stemmed from, “an unwanted intrusion by a rabid mongoose into the opulent environs of a posh luxury hotel.” The evil little brute “scurried into the pool area and bit” a sunbathing guest. She endured painful anti-rabies inoculations. She sued. She lost. Trial court granted, appellate court affirmed, Hyatt’s motion for summary judgment: “[U]ncontradicted evidence indicates that Hyatt had no inkling of the mongoose’s existence, had no reason to suspect that mongooses were lurking nearby ... In the utter absence of any evidence of either knowledge or control ... summary judgment” was appropriate. No one bought plaintiff’s argument, “that a symbiotic relationship existed between Hyatt and the mongoose population in the [nearby] mangrove swamp” or her “suggestion that Hyatt must have benefitted from the mongooses’ natural affinity for devouring snakes and rodents, and that this benefit is legally tantamount to control. The record is devoid of any evidence that mongooses patrolled the perimeters of the hotel’s grounds, performing pest control functions.”
TASTES LIKE BALD EAGLE
An Internet gourmand claims: Rattlesnake has a very gamey flavor. Almost a delicate seafood-like taste.
A little like alligator, a little like quail, a little like frog legs. Good eating? Let me know. Mix 1/4 cup olive oil, three large garlic gloves, some Italian spices, peppers, some other stuff. Simmer a (presumably dead) rattlesnake in water and lemon juice for one hour, remove and separate meat from bones. Combine de-boned meat with sauce, simmer for half an hour. Pair with pasta of choice.
☆☆☆☆☆
John S, Spencer
SPENCER LAW FIRM
217 Second St. Sausalito CA 94965
PO Box 2300 Sausalito CA 94966 (mail)
415-331-2400
877-999-5200 (toll free)
johnspencer@spenlaw.com
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