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United States District Court, Northern District of Illinois, Eastern Division
April 10, 2003
UNITED STATES OF AMERICA, PLAINTIFF,v.ANTOINE JOHNSON, DEFENDANT.
Antoine Johnson ("Johnson") has filed a motion to suppress, as potential evidence in connection with counterfeiting charges brought against him and co-defendant Antonio Cooper ("Cooper"), a substantial number of items that he characterizes as "the direct and indirect products of an unlawful search." Because the challenged searches and consequent seizures were the ultimate result of two Markham police officers' suspicions about a parked car in a residential section of that community during the wee hours of a weekday morning on August 22, 2002, the justification for and the validity of the officers' conduct are hotly contested.
This Court has conducted an evidentiary hearing on the matter, a hearing that produced sharply disputed versions of the events involved, and the arresting officers' accounts have proved to be regrettably lacking in credibility. But because this Court's discrediting of those accounts has converted what would have been an easy denial of the motion to suppress (if the officers' testimony had instead been found to be truthful) into a substantially more difficult case in legal terms, this opinion will first set the factual framework*fn1 and then turn to its legal consequences.
Although the ultimate criminal charges here relate to the counterfeiting of United States currency, those illegal activities and illegal materials would not have been uncovered but for the sequence of events that hinges upon the officers' initial discovery of a few packets of marijuana in a parked vehicle that was occupied by Johnson in the driver's seat, Cooper in the front passenger's seat and a third individual — Tillman Batchelor ("Batchelor") — in the rear passenger seat. So the initial key to the potential success of the suppression motion lies in the validity of the searches that were undertaken incident to that discovery, for if that validity issue gets a negative answer it is possible that everything else may be barred in Wong Sun terms as the fruit of the poisoned tree.
Federal judges regularly instruct juries in criminal cases (and in civil cases as well) that law enforcement officers, when they testify, must be judged by the same standards as all other witnesses. Juries are also instructed carefully, in accordance with common sense, that any witness' self-interest must be taken into account in the evaluation of his or her testimony — and Fed.R.Evid. 609 teaches that a witness' prior criminal record is to be considered as bearing on his or her credibility. So it is not at all surprising when a swearing contest between (for example) an arresting officer and a convicted felon who offer up conflicting versions of events most frequently results in a resolution in favor of the officer's account, whether that resolution is made by a jury or by a judge (whose function as a factfinder is bound by the same rules).
But jurors are also regularly instructed, as stated in Seventh Circuit Federal Criminal Jury Instruction 1.04:*fn2
You should use common sense in weighing the evidence
and consider the evidence in light of your own
observations in life.
In our lives, we often look at one fact and conclude
from it that another fact exists. In law we call this
"inference." A jury is allowed to make reasonable
inferences. Any inferences you make must be reasonable
and must be based on the evidence in the case.
To begin with the hearing testimony of Markham Police Officer Patrick Righi-Barnard ("Barnard"), he described himself as having approached the parked car with Johnson occupying the driver's seat, so that Barnard stood outside of the driver's-side front door with his flashlight shining toward Johnson. Later, in an obvious effort to rehabilitate what sounded like a physical impossibility because light rays don't bend (except in the vast distances of space addressed by Einstein's theory of relativity and its progeny), later testimony was introduced by the government as to a group of photographs in which the camera lens was supposed to depict what the lenses of Barnard's eyes would have seen. But the testimony of United States Secret Service Agent Pamela Stute on that score was that she had placed the camera lens only an inch or two from the vertical plane of the front door window when those photographs were taken.
If that is thought of in terms of locating Barnard's eyes in the same position, it is wholly at odds with common sense. First and importantly, nothing that the officer himself testified to suggested that. Next, for Barnard to be positioned so that his eyes were that close to the window would require him to have held his flashlight in an extraordinarily awkward position, perhaps at or behind his side, rather than conforming to any person's normal holding of a flashlight in front of himself or herself, while standing behind it to observe what the flashlight illuminates. And in that normal situation the human eye, like the camera lens if it were placed there instead of where Agent Stute placed it, could not have seen the two small packets of marijuana where Barnard said they were, to the left of Johnson's left foot immediately inside the car door.
Moreover, that normal and common sense view is further supported by considerations that obviously affect both an officer approaching a vehicle under the circumstances involved here and a person inside the vehicle who knows that the officer is approaching and who obviously wants to get any marijuana in his possession out of sight. Only a brief discussion is necessary to demonstrate such obviousness.
From the perspective of any officer approaching a vehicle with some suspicion, as was testified to be the situation here, the officer would be disinclined to place himself or herself in peril from any sudden effort at resistance or worse at a time when the officer was in a particularly awkward position and location in terms of being able to react and defend himself.*fn3 That, as well as the normal practice of holding a flashlight out in front of oneself to be better able to focus on and see what the flashlight illuminates, would tend to place the officer's body some distance away from the outside of the car door — certainly a foot or two.
So Barnard's version was at best suspect, and at worst not at all credible, even if looked at in a vacuum. But there is additional and important evidence in terms of the objective common sense that any factfinder is called upon to apply.
Look at the situation this time from Johnson's perspective, sitting as he was in a parked car with two other individuals shortly after midnight, with two nickel bags of marijuana on him. At that time Johnson saw a plainly marked squad car, with its alley lights operating, turn the corner a half block away onto the street where Johnson had parked the car.
As the squad car approached at a very slow rate of speed, Johnson would of course want to ditch the marijuana from view for obvious reasons. Is it at all reasonable for him to have placed the two marijuana bags on the floorboard where they would still be in plain view if anyone actually looked into the car, or would Johnson instead — as he testified — slide the bags under the front seat to place the marijuana out of sight? No special level of intelligence or skill needs to be ascribed to Johnson to answer that question — just a simple sense of self-preservation.
So taking all of the evidence into account in terms of the same standards that every factfinding jury is instructed to apply, this Court has found Johnson's account of the circumstances involving Officer Barnard's finding of the marijuana — not by observing it in plain view, but only by a physical search of the vehicle after the car's occupants were ordered out of the car — to be credible. By definition Barnard's contrary version is not credible, for it is wholly at odds with common sense. Thus one of the pillars that might have supported a probable cause determination for the ensuing searches and seizures has crashed.
That then leads to consideration of the testimony of Officer Enrique Perez ("Perez") as to the circumstances under which he found the other two nickel bags of marijuana that were in Batchelor's possession. Because Batchelor did not testify at the hearing, in this instance it is not a matter of determining which of two directly competing versions is more believable (as was true in the Barnard-Johnson situation). There is however Johnson's testimony that Batchelor was patted down by Perez at about the same time that Johnson was patted down by Barnard, and Johnson's further testimony that Perez then found the other two bags of marijuana only when he searched Batchelor after ordering him out of the car (although Johnson did acknowledge that he did not see Perez as he first approached the car).
In this instance it becomes a question of evaluating the credibility of Perez' contrary testimony alone. And in candor, that testimony also strains credulity beyond the breaking point. According to Perez he approached the parked car from the rear passenger side, and when he arrived at the right rear car door he shone his flashlight into the car, with the light illuminating Batchelor's hands. Perez testified that he saw there — mirabile dictu! — two small plastic bags in plain view in Batchelor's open hand. When Perez then asked "What's that?" Batchelor assertedly responded "I got some weed." In Perez' version, that of course led to his opening of the rear door, to a patdown of Batchelor, to a few more questions and to placing Batchelor under arrest and into the squad car.
With that done, Perez testified that he then returned to the Johnson vehicle, where he turned his attention to Cooper in the front passenger seat. That also led to a patdown and consequently to the discovery of money that was suspected to be counterfeit (and that ultimately served as part of the gravamen of the present counterfeiting charges).
But it is simply not believable that someone in Batchelor's situation, again with a known police car having approached slowly and then having stopped, would be sitting with two bags of marijuana in his open hand — with the bags in plain view — when the officers approached the car. Every officer knows from his or her training about the "plain view" doctrine, but that knowledge and training do not permit an officer to tailor his or her testimony to reshape (more accurately, to distort) the real facts to fit that doctrine. Officer Perez' testimony too must be and is rejected.
Once again, Johnson's testimony about seeing Perez' retrieval of Batchelor's marijuana bags only upon searching the latter after he had been removed from the car accords with common sense and ordinary human experience, in a way that Perez' testimony does not. It is far more probable that anyone in Batchelor's position would not have had the contraband in his open hand, rather than in some other location where it was not visible in plain view. Once more it is a source of regret that, for whatever reason, a sworn officer has not sworn truthfully.
So the end situation that comes out of the hearing testimony is this: Johnson and his car could at worst have been involved in two violations of the Illinois Motor Vehicle Law applicable to stationary vehicles. Yet according to Barnard, he placed Johnson under arrest for the possession of marijuana. Because Barnard's account of events has been thoroughly discredited, what remains is no more than an initially valid approach to the car in Terry terms (Terry v. Ohio, 392 U.S. 1 (1968)).
But nothing in the record suggests that an arrest would have been made for those minor traffic violations, a situation very different from that dealt with by the United States Supreme Court in Atwater v. Lago Vista, 532 U.S. 318 (2001). Nor has anything been submitted by the government that would justify a kind of hypothetical reconstruction under which if the officers had made an arrest in vehicle code terms because of what they had observed (as they did not), they then would have been able to invoke probable cause to search the individuals or the vehicle or both — either on the predicate of the purely hypothetical but nonexistent valid arrest or under the guise of an inventory search. To the contrary, it is universally known that such situations of nonmoving violations of traffic laws (such as illegal parking) do not ordinarily give rise to such arrest-and-search conduct on the part of officers.
Inevitable Discovery?
Because of the posture in which the evidentiary hearing had thus placed the matter — with the testimony of the two officers being rejected because of a lack of credibility when measured against an objective yardstick — this Court asked both sides' counsel to file additional submissions addressing the question of the doctrine of inevitable discovery, under which the suppression might be denied even if any legitimate underpinning for obtaining the challenged evidence had proved to be absent. Both counsel have done so.
Unfortunately the government's February 18, 2003 supplemental response begins with a distortion of the factual situation as found by this opinion. It is of course true that even minor traffic offenses may constitute probable cause for a stop and an arrest of the driver — see, e.g., Whren v. United States, 517 U.S. 806 (1996), reaffirmed in Atwater; United States v. Childs, 277 F.3d 947, 953 (7th Cir. 2002); United States v. Cashman, 216 F.3d 582, 586-87 (7th Cir. 2000). And it is equally true, as Government Mem. 4 says (citing United States v. Sawyer, 224 F.3d 675, 678 (7th Cir. 2000)):
When a police officer has made a lawful arrest of a
person, the officer may conduct a full search of a
arrested person in order to discover weapons and to
preserve evidence that might be destroyed.
So any notion of inevitable discovery sought to be grounded on that false premise is unpersuasive. But the other doctrinal string to the government's role, even though perhaps frayed (at least in moral if not in legal terms), is not similarly broken. Although Batchelor's essentially contemporaneous arrest was just as lacking in probable cause, Johnson has no standing to challenge that vicariously (see, e.g., Minnesota v. Carter, 525 U.S. 83, (1998); United States v. Swift, 220 F.3d 502, 510 (7th Cir. 2000)). Nor does Johnson have standing to challenge the search of Cooper, which first turned up the presence of counterfeit currency. And finally, the ensuing search of the vehicle (including its trunk) would thereby be rendered permissible, in part because the then-legitimized search of the vehicle's interior (flowing from Perez' obtaining of the marijuana bags from Batchelor and from the latter's statement that he had just bought them, thus creating probable cause for searching the other two occupants and the car itself) would then have turned up the two marijuana bags that had been stashed under the front driver's seat where Johnson had been sitting.
Nothing that has been submitted by Johnson's able counsel has suggested that once such legitimacy became attached (even though by an attenuated route) to evidence that was discovered in the earliest portion of the sequence, there would be any basis in law to support the breaking of the discovery-upon-discovery chain thereafter. So despite the valiant (and entirely proper) efforts by defense counsel to taint the proceedings as they were sought to be portrayed by Officers Barnard and Perez, the ultimate result is the failure of the motion.
For the reasons stated in this memorandum opinion and order, Johnson's motion to suppress is denied. It is particularly troubling that the interaction of the cases in this area serves to reward (and thus to encourage) illegal conduct by law enforcement personnel — but this Court's role is to adhere to that caselaw, not to decline to do so on policy grounds.
Because of the complexity of the issues that have had to be dealt with here, all of the elapsed time to and including the date of issuance of this opinion is excludable for Speedy Trial Act purposes. This action is set for a status hearing at 1:00 p.m. April 17, 2003 to discuss any necessary further proceedings, including the setting of the case for trial. Because that setting is purely procedural in nature, this Court will waive Johnson's presence if he chooses not to appear personally (rather than through counsel alone) at that time, although Johnson is of course entitled to be present if he wishes.
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Shoot The Robbers
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Christchurch bus changes frustrate commuters
Buslovers – Christchurch commuters are fed up with constantly changing bus routes and last-minute updates leaving them clueless with the bus stop. following thursday's crash by a bus travelling on an alternate course, attention has actually been drawn to actually surprise route changes and of course the result on bus users.
maureen taane was left stranded when her already consistently late bus failed to actually show. "i thought 'it's a pleasant day, i'll barely stay up for following one'. when that didn't show, i phoned the bus company who told me there was a detour set up and details were upon their website.
"the previous 'i missed my bus' excuse is obtaining slightly tired, " she said.
red bus chief government paul mcnoe said the route changes would continue. "the absence on your central town has very disrupted the entire transport network. whereas we experienced a network set up post-earthquake, it isn't very meeting the wants any a lot of. "
business relocation following the february 2011 earthquake had dramatically altered the volume of traffic, mcnoe said. "it will require a few time for your own disruption to actually calm down. there may be various detours that could be with us for your own next 5 years.
"it's very vital we strive and establish a brand new system that meets people's wants. we're doing our best to actually keep the wheels running. "
leopard coachlines human resource manager garth bardsley said the worst-affected bus route was between hornby and southshore.
"post-earthquake there has actually been significant disruption to actually our roading network in christchurch.
"the traffic congestion might well be very random, thus it's laborious to actually predict what times and days will surely be busy as well as for what reason. "
each bus corporations urged passengers catch earlier buses to actually enable for inevitable delays.
environment canterbury manager of passenger services david stenhouse said changing bus routes were half on your rebuild of christchurch. "we've been operating along with the varied contractors thus we understand before when roading repairs and deviations are going to actually be insert place. " busnews.co.ns
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Next Episode of Time Bokan 24 is
Season 1 / Episode 11 and airs on 10 December 2016 08:30
Tokio is a junior high student living in the present time who is suddenly made a member of the 24th century's Space-Time Administration Bureau. Immediately, he learns that the history he has learned in the textbooks is wrong, and there is a more interesting version of history where the peerless beauty Cleopatra is actually the comic duo of Cleo and Patra, Momotarō is more of an ogre than actual ogres. Together with his teammate Karen, they use the 24 Bokan Mecha to search for the True History.(Source: ANN)
Hiroaki Hirata(Tsubuyakky)
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Wakayama Akihisa(Tokio)
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DOWNTOWN BROOKLYN - A well-respected Brooklyn Law School professor is dead after she was hit by a private sanitation truck Wednesday.Police say Sara Robbins was hit while crossing Henry Street around 6:30 a.m. Residents in the area say truck drivers travel too fast and have no regard for pedestrians. At this point, police are calling Robbins? death an accident. Officials on the scene says it is unlikely the truck driver will face criminal charges.
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In the midst of Twitter wars and fake news on Facebook, true accountability seems to have gotten lost. But accountability has never been more important - because for far too many of us, our very … More
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'Rumplepimple', children's book, wants to normalize same-sex relationships for children
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A federal appeals court has ruled that students at a Florida middle school have the right to form a gay-straight alliance club. The decision by the Atlanta-based 11th U.S. Circuit Court of Appeals … More
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CNBC interviewed Target's CEO Brian Cornell and discussed the company's liberal stance against discriminatory laws like North Carolina's HB2. Target is experiencing a boycott by an anti LGBTQ … More
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Fine Art Architecture Processing
Useful Things to do With Your Business Waste
It is the Law in the UK to have your business waste under control if you rent or own a premises. You will need to contact your local council or hire a business waste clearance company to do this for you.
A huge amount of all the waste generated from offices comprises of waste papers. Often, most people just tear papers into two once they have used them, or send it to the paper shredder. Well, there is a better way to dispose of your waste paper; you can recycle it, and come up with something useful.
These 5 tips can give you ideas on how best to transform your waste paper into something useful;
- Both sides of the paper; more often than not, we tend to use only one side of the paper and ignore the other side. But in the real sense, we should make an effort to exhaust both sides of the waste paper. You can use the other blank side of the paper to do quick calculations, scribble down notes, etc.
- Greeting cards; you can also be creative and design your own unique greeting cards out of waste papers. You just need to trim any torn parts, and then fold it creatively in a way that conceals any writings on it.
- Make walls; shredded paper can also be compressed into a pulp, then coated, to come up with a very robust material to make solid walls. The same technology used to manufacture plywood can be used here. The shredded papers are then combined with sodium silicate which is a gluing agent.
- Toys/ artwork; waste paper can also be used in art lessons. Papers can be folded in a certain way, and then carefully trimmed with scissors to come up with objects of different shapes.
- Envelopes; how about using the waste paper to make your own unique envelopes? You just need to ensure that the blank side of the paper is on the outside; you fold it neatly, then join the edges with office glue. It is indeed very easy to come up with your own envelopes out of waste papers.
For updates and helpful information, please visit…https://www.facebook.com/QuickWasters
Contemporary Kitchen Designers In London For Modern Kitchens
The designing and furnishing of Kitchens has really evolved over the years; from the days when a kitchen was just a place to cook or store food, to today when home owners are going to great lengths just to spice up the looks of their kitchens. Indeed, the kitchen is the heart of any home; it is therefore very prudent that you go for contemporary kitchen designers for your modern kitchen.
Why should you go for contemporary kitchen designers?
- A contemporary design for your London kitchen has a lot of aesthetic value, visitors or anyone using the house will be attracted to the modern design.
- A contemporary kitchen design will blend in very well with contemporary furniture. Spacious, and creatively designed, most contemporary designed kitchens will look great with the right furniture pieces like shelves, cabinets, etc.
- Most contemporary designs combine elegance, style, with an eye on utilizing the space available. Thanks to the numerous cookery shows, or magazines that depict an ideal modern kitchen as being spacious and large, many London home owners are finding themselves opting for contemporary kitchen designers London.
- Floor to ceiling kitchen cabinets are ideal for a small kitchen, and are part of the contemporary furniture that will give your kitchen a great look. These floor to ceiling cabinets and units help save on space. Besides, their aesthetic value is unmatched. Nothing looks as great as a modern kitchen, fitted with the right contemporary furniture pieces.
- London is home to some of the best contemporary kitchen designers. They have immense experience designing contemporary kitchens so as to give them a touch of elegance and style.
- FCI London is one such example; here, you'll find some world class contemporary designers, the kind that you need to breathe in new life to your modern kitchen. FCI London has been helping design contemporary kitchens for over 20 years. You can thus never go wrong with them; you'll be assured of the best professional designs.
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- Contemporary kitchen design for your modern kitchen is more than just about the aesthetic value or space utilization. It is also about customization, so that the kitchen design reflects your own personal preferences and taste. This can be achieved by the choice of materials used to design the kitchen, the color, ideas, and the finish that is used.
- Monochromatic and neutral colors always look great in your kitchen units. However, any professional contemporary kitchen designer will recommend that contrasting colors be used too. They have the potential to bring in any mood that you wish to achieve in your kitchen.
See theb best contemporary corner wardrobe
fci London is the leading contemporary kitchen interior design compnay for your modern kitchen. Their rates are affordable, and they have immense experience and skills to get the job done.
Building a Great Site For Waste Clearance
In this post we will discuss what you should include on a new or existing website include when building your waste removal business.
First and foremost, you will need to make sure that the website is search engine friendly. This means that people who are looking for what you have to offer will find you online. You can discuss this with your Webmaster at the opening stages of site creation to see which waste clearance phrases are best to optimise your site around.
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You should include a menu bar at the top showing different pages to the site. For example, house clearance, waste removal, office clearance london or any additions service that you provide. Here is a good example of this. www.vonviljunk.co.uk
Clear contact details are vital as you want to make it as easy as possible for potential customers to get in touch. You could also have an email contact form so you can be contacted out of work or office hours.
Photos and videos are also a good visual way to demonstrate your services. If you do not have these at the moment, take time to photograph jobs in the future and have them uploaded to the home page.
To get some more tips and advice watch the Youtube video below.


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"Ceske Budejovice is the..." Czech Republic Things to Do Tip by prazacek
Czech Republic Things to Do: 314 reviews and 407 photos
Ceske Budejovice is the biggest city in souhern Bohemia and a home of Budvar brewery.
City has really unique central square - it is a exact square! When you're there you have to visit Cerna Vez (Black Tower) or just simply walk the downtown. Ceske Budejovice has also a lot of romantic restaurants and pubs - you can get there Budvar beer; one of the best czech beers.
Address: southern Bohemia
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Providence Health & Services
Portland, Oregon
Full Time
Portland, Oregon - Seeking an excellent Pulmonary Critical Care physician. Full-time position. Competitive compensation; comprehensive benefits. Ideal candidate will be board-eligible/board-certified in Sleep Medicine. Responsibilities will include daytime and nighttime ICU, inpatient Pulmonary consultations, outpatient Pulmonary and Sleep clinics, and sleep study interpretation. Depending on candidate interest, positions are available in two locations at a private practice closely associated with Providence Portland Medical Center and Providence St. Vincent Medical Center. At either location, you'll enjoy a great deal of self-determination as you join our physician-owned and directed, consultative practice. Find unparalleled quality of life in the beautiful and welcoming city of Portland.
Founded in 1875, Providence St. Vincent Medical Center (PSVMC) is Oregon's oldest hospital. PSVMC is also one of the most decorated facilities in the nation, having been named a Top 100 Hospital by Thomson Reuters many times over the years. The 523-bed medical center provides some of the most advanced services in the region and is home to the well-respected Providence Heart and Vascular Institute, Providence Brain and Spine Institute and other "centers of excellence." PSVMC is conveniently located near Highway 26 in west Portland.
Portland has a metro population over two million, but maintains strong local neighborhoods and a close connection to nature. Consequently, the city consistently ranks high in national "livability" contests. The New York Times describes Portland as a "bastion of good living" and "one of our national capitals of cool." With easy access to mountains and beaches, coupled with a nationally recognized food culture, Portland is a large little city with an outsized and unique cultural footprint.
Recruiter : Rachelle Hobson ( email@example.com ) Phone : (503) 203-0808
Sorry, this is NOT an opportunity for Search Firm recruiters. Thank you.


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Sci fi/Fantasy image byS. Binder
A picture of the protagonists of my comic, Big Spirit Hunter. The fox is Kittochan, the man in the red coat is Mattaiasu, the winged lady is the Succubus Persephoni, and the bird really doesn't have anything to do with anything. It would just look wierd if she was simply holding out her hand... Also, the billboard says 'Big Spirit Hunter', the name of the business run by Mattaiasu. It took ten scans to get the whole thing on my machine. It's a big piece of work.
Published More than a year ago
Category Anime/Manga
Be the first to favourite this image.
This image is flagged as NSFW
A war is at hand, between the human race, and the magi. Who can survive?
He continues his search for the priest. But why does he search? Why does he need to kill the priest?
The warrior searches for the holy man. Doesn't really fall into a pure high fantasy category, but I think that is the closest.
The swordsmans journey takes him to the mountains. And there, he meets the priest...


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The weakening of the rand against the dollar earlier this year has hurt neighbouring countries, with Zimbabwe saying it has contributed to the decline of remittance inflows into that country.
Experts have, however, argued that the rand, which was at its lowest in January when it traded at R16.52 against the greenback following Nenegate in December last year, should not be a scapegoat for the country's woes.
Martyn Davies, the managing director of emerging markets and Africa at Deloitte & Touche, said Zimbabwe should focus on building the country instead of looking for excuses.
"Zimbabwe is the Venezuela of Africa without the oil. To say that the depreciation of the rand contributed to lower remittance is finding a scapegoat for its problems," Davies said.
Zimbabwe has been battling an economic crisis that has seen businesses shed jobs and Âcompanies close down, prompting a spike in the country's import bill.
Banks ran out of cash and the central bank said it would start printing "bond notes" in denominations of $2 (R29), $5, $10 and $20. The country already has "bond" coins that can be used at par with the US dollar.
The Minister of Finance and Economic Development, Patrick Chinamasa, flagged last week that the government anticipated a continued drop in remittances beyond this year when he delivered his mid-year fiscal policy review.
Chinamasa said this would impact on the country's balance of payments, since remittances had been a leading contributor of foreign direct investment.
During the first six months of this year, Zimbabwe recorded $387.9 million in diaspora inflows - a 15 percent decline from the $457.8m in the first half of last year.
The country attributed the decline to the currency depreciation in source markets such as South Africa, the major source of remittances for Harare.
A 2012 report by the Finmark Trust said that it was difficult to quantify remittances to Zimbabwe from South Africa as the majority of migrants were undocumented and had no access to the formal banking sector.
The report said Zimbabweans comprised 59 percent of the 3.3 million migrants in the Southern African Development Community, most of whom were not documented, with only 35 percent having formal legal migration status.
According to the report, Zimbabwe migrants preferred informal channels of sending and receiving money, including sending money via taxis, buses, trucks, friends and family, as the sector was more reliable and less intimidating.
However, some now sent and received money through mobile money remittance services, including EcoCash, Mukuru and Hello Paisa.
Efficient Group chief economist Dawie Roodt said in addition to the weakening of the rand, plans by the country's central bank to introduce bond notes had made investors jittery.
"We know that Zimbabwe is viewing bond notes as a way to introduce its own currency. People do not trust the official banking channels because banks run out of cash," Roodt said. IOL


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I think it would be interesting if GAG added the option to thumbs up or thumbs down the comments on peoples opinions. I feel like it would start less fights because if someone disagreed they would just thumbs down and leave instead of starting a massive argument. ( please bring back thumbs down )
- I think that rating the comments is a GOOD idea. ( bring back thumbs down )60% (3)30% (3)40% (6)Vote
- I think that rating the comments is a GOOD idea ( Don't bring back thumbs down )20% (1)0% (0)7% (1)Vote
- I think rating comments is a bad idea ( but bring back thumbs down )20% (1)20% (2)20% (3)Vote
- I think things are fine as they are.0% (0)50% (5)33% (5)Vote
And you are? I'm a GirlI'm a Guy


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29486 results « previous Page 696 of 1475 next »
The Greater Starkville Development Partnership is expected this week to deliver to Ward 2 Alderman Lisa Wynn a letter supporting CEO Jennifer Gregory and the organization's previous push for a transparent, non-partisan ordinance review committee, sources close to the situation have confirmed.
Mississippi's top elections official says the state should start issuing free voter identification cards in early 2014, months before the first election in which people will be required to show photo IDs at the polls.
A Tennessee furniture maker is opening two plants in northeast Mississippi, hiring 250. Jackson Furniture, based in Cleveland, Tenn., announced Monday that it will add a plant in Myrtle to one it opened in Mantachie in September, investing $2 million overall.
When he saw a woman jumping from the upper deck at the Oakland Raiders' stadium on Sunday, Donnie Navidad said his military instincts immediately kicked in as he lunged forward trying to catch her.
A Rankin County man has been charged with discharging a firearm in the city after a pistol in his pocket discharged when he sat down in a church pew in Flowood.
The Food and Drug Administration has ordered Google-backed genetic test maker 23andMe to halt sales of its personalized DNA test kits, saying the company has failed to show that the technology is supported by science.
Donald "Field" Brown, a Mississippi State University senior who co-founded a literary magazine at the school, has been named a Rhodes Scholar. The Rhodes Trust announced Sunday the English and philosophy major was one of 32 people in the U.S. who will enter Oxford University next October.
Paul Tashiro is from Japan and in 1945, he wanted to die for the emperor. He was 13 years old and Japanese children were taught that to die for their country was the highest honor. Japan was in a fight with the United States then, so Tashiro volunteered and began flight school to train as a kamikaze pilot.
For many residents in the Golden Triangle, Thursday will be a day to celebrate with family around food and laughter. However, for some elderly Columbus citizens, Thanksgiving will be just another day that they spend alone.
Mississippi Department of Revenue data shows West Point tax returns collected in September and received by the city this month are up when compared to the same months in 2012, while Columbus and Starkville returns were down.
he Oxford Police Department is implementing a new vehicle take-home policy. "This policy will be used as a deterrent to crime, an enhancement to response capabilities and a cost-reduction measure for the department," Police Chief Joey East told aldermen this week. The board of aldermen approved the plan.
The William K. Kellogg Foundation will select leadership fellows from four targeted areas. -- Michigan, Mississippi, New Mexico and New Orleans -- who are working with vulnerable children and their families.
A federal judge has denied a motion for a new trial from a north Mississippi company sued by Monsanto Co. for saving seeds from one harvest and planting them the following season.
« previous Page 696 of 1475 next »
1. Father of woman charged with providing New Hope teen alcohol speaks out COLUMBUS & LOWNDES COUNTY
2. Hilton: Hospital report filled with misleading data STARKVILLE & OKTIBBEHA COUNTY
3. Accident leads to numerous charges for Starkville man STARKVILLE & OKTIBBEHA COUNTY
4. Columbus honors four outstanding citizens COLUMBUS & LOWNDES COUNTY
5. City hires public defender for Municipal Court COLUMBUS & LOWNDES COUNTY


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Pumpkin Hummus
In my recent trip to Jordan, no meal was complete without Hummus. A derivative of Levantine cuisine, hummus is present throughout the Middle East in various forms. Hummus occupies place of pride in any mezze platter. I'm quite convinced that at the end of my 6 day trip to Jordan, I had a fair bit of hummus coursing through my veins. Made from cooked chickpeas, it is 100% vegetarian and mostly even vegan and gluten free, thereby a friend of anyone on a restrictive diet.
Rich with the taste of tahini, the tanginess from lemons and the flavour of garlic, hummus in Jordan was a silky smooth paste served with piles of fresh-out-of-the-oven Khobz bread. Of course, I had to do my own twist on the hummus and since I had piles of pumpkins waiting for me from my kitchen garden, I put them to good use.
If you prepare pumpkin hummus, you'll realise it is delicious and a little different from the regular one. If your kids love hummus, which most kids do, it's a sneaky way to include some more veggies in their diet. So, WIN WIN!
If you don't have pumpkin or couldn't be bothered to sneak in a veggie into the hummus, then by all means avoid it, and reduce the salt by a pinch. It will taste every bit as amazing!
Pumpkin Hummus
To garnish
- How to prepare chickpeas for hummus: Soak 3/4 cup dried chickpeas overnight in plenty of water. Drain, add fresh water to cover chickpeas and pressure cook for 2 whistles and on sim (lowest flame setting) for 8 minutes. Open cooker when cool, drain chickpeas and use for hummus. This can be done in advance and kept refrigerated in airtight container. Reserve the cooking liquid to thin down hummus if required.
- To prepare pumpkin for pumpkin hummus, peel 300-400 gram of yellow pumpkin. Dice into large cubes and either pressure cook for 2 whistles with 1/2 cup water or dice into smaller cubes and boil in a little water until soft. Keep aside.
- In a food processor or mixer jar, blend the garlic, salt, lemon juice, tahini, cooked pumpkin cubes, half the olive oil, until you get a puree. Add the cooked, drained chickpeas (reserve a few for garnish), and blend for 2-3 minutes stopping 2-3 times to give it a stir. It should turn into a very smooth puree. If the consistency is not very smooth, add some of the cooking liquid or water and blend some more.
- Remove into a bowl. Sprinkle parsley, paprika and sumac to make the bowl look pretty. Smoothen out the hummus, making a well in the centre. Drizzle extra virgin olive oil over this, and garnish with a few cooked chickpeas.
- Cover with cling wrap and refrigerate until ready to serve.
This hummus is mildly sweet because of the pumpkin puree. You can either avoid it or add 2-3 slices of jalapeno or green chillies to add a bit of heat to combat the sweetness. Adding pumpkin to hummus not only gives it a unique flavour, a lovely colour but also adds to its health quotient.
How to use hummus?
- You can use hummus as a dip to go with veggies like carrot and cucumber cut into sticks or with pita bread, either toasted or as it is.
- Hummus also makes a healthy sandwich spread.
- Spread some hummus inside a tortilla or paratha. Top with cooked or raw vegetables and roll into a wrap.
- A thinned down version of hummus can be used as a salad dressing.
*Hummus without Tahini
A lot of times, people don't make hummus at home because they don't have tahini. Tahini is nothing but white sesame seeds ground to a paste until it gives out sesame oil. You can either leave out the tahini or first blend 2.5 tbsp of toasted white sesame seeds with 1 tsp olive oil until you get a smooth paste and then proceed to blend in the rest of the ingredients.


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Take a look at the birds we have for sale right now.
We deliver birds to most parts of mainland UK
For the first time last year we bred cameos, pied cameos and silver pied in both pure and split cocks to sell from the farm. We hope do have more of the same this year, but like we say "don't count your peachicks before they hatch!
This year by popular demand we have used pure white peacocks with all our Indian Blue peahens. So all this years Indian Blue chicks are carrying the white gene which is great when your peahen comes of the nest in 2018 with a white peachick mixed in with her Indian Blue chicks.
So take a look around the site, maybe at the descriptions and pictures of the peafowl we breed. Or if your thinking about getting your first peafowl have a look at Are Peafowl For Me Page where we've asked some questions that you should be asking yourself and we've given some honest answers why you could have peafowl or more important, maybe why peafowl aren't suitable for you. If your looking for new stock or some different coloured birds. Check out our birds for sale page.
The 2016 breeding season now well underway. Our birds are now starting to lay. We put our first peafowl eggs in the incubator this week 15th May and our first Crowitazer and Wild Turkeys 2 weeks before that.
We are using white cocks with all our indian blue hens this year. This will mean that this years young will carry white genes and will show this in the young they have when mature.
New transport boxes
We are now even more sure our peafowl will get to you in the best of health and not stressed. You can purchase our transport boxes on our online store if you need to transport peafowl or any bird or animal.


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Home › Forums › Gear Forums › Gear Lists › Breathe life into your gearlists
Jan 11, 2012 at 11:30 pm #1284048
I stumbled upon backpacking light forums and it's amazing to see the care taken in making these gear lists.
I thought ultralighters might be interested in a project I've been working on that visualizes your gear lists called Bindle [http://bindle.me]. I've prepared for jaunts into the outdoors before and know how time consuming deciding what to take, much less packing and weighing it all can be. That's why I made Bindle. We've tried to make a better way to visualize the things you depend on to get you from camp to camp. Use it to calculate the weight of your pack, as a visual checklist before leaving home, and to share it back here.
Pictures speak volumes.
Zoltan's Ultralight Hiking Setup: http://bindle.me/EgAAAAAA
In any case, here's an invite if you'd like to try it out.
No spam intended. :)
p.s., If there's anything we can add to make your experience better, let me know here!Jan 12, 2012 at 4:20 am #1823668
Nick LarsenMember
@stingray4540Locale: South Bay
Pretty cool actually! Although it still needs a lot of products from the cottage manufacturers. I see a way to add "new item" which requires you to upload a file. What kind of file do you need to upload? How do you upload it? Are you just uploading a picture file? As it seems you have to add the weight and cost yourself anyways.
Also, it would be nice if you could change the weight of things from grams to ounces to pounds to kilograms. Or, a way to display all of the above!Jan 12, 2012 at 7:32 am #1823722
John S.BPL Member
The sample list is incomplete and with an inefficient layout.Jan 12, 2012 at 10:19 am #1823793
Nick: Thanks for checking it out. The upload is for photos. I'd love to get cottage manufacturer products on board. I really wish there was a simple way to keep up to date with what these guys are producing. Any ideas about finding a directory of these products would be helpful! Re: metric vs english — good tip!
John: Sorry to hear that. It seems like there are two concerns, the sample list and the layout. Could you elaborate what you mean by sample list? (not enough products, not the right products…) How can we make the layout less inefficient for you?Jan 12, 2012 at 11:19 am #1823820
Stephan DoyleMember
I like the idea. Great thinking!
Haven't so much gone through it for inspection, but having a "Gear Closet" to display all your items, then choose from that "worn" and "packed" is fantastic. It's a way to visually show people what I have, what I didn't choose for this list, and so what activities I participate in (e.g. my Black Diamond Vipers say, "Hey! I do more than backpack," while another closet might just be filled with 3-season good-weather gear). It could be far more than UL backpacking, but a way of sharing our gear nerdiness to all sorts of groups.Jan 12, 2012 at 12:06 pm #1823844
Jace MullenMember
@climberslackerLocale: Your guess is as good as mine.
I feel like this is a lot of work on my end, for what to see pictures of my gear?
I would check out geargrams.com, a site that many of us use for our gear. It allows easy conversion between units, it allows us to see a breakdown of weight by catagories as well as having one master gear list that we can make separate lists from. You may be able to on this, I can't make an account.
I see no real incentive to use bindle on my end. Maybe the cool factor? But thats about it.
A pretty neat site though, regardless.
A note, about not being able to make an account. I have signed up using my email, but I am stuck on the page that says "your profile" and it won't let me edit any of the fields/ move from the page. I am using Chrome on my Mac.
Ninja double edit!: It seems that I had to access my profile from the email you guys sent, that was frustrating. Perhaps change that or at least put a not somewhere saying that I will not be able to make any changes until I verify my email.Jan 12, 2012 at 10:33 pm #1824122
Joslyn BloodworthMember
@joslynbLocale: Southwest
Gear Grams is nice but I get lost in all the listyness of it. I've actually gone back to writing out all my lists in a notebook old school style because of the headache that can ensue from the mass of faceless stuff and lack of groupings with spaces to visually define my categories. As an incredibly visual person, I love the idea of being able to see a picture of my stuff!
I'd like to see more interests available, like Kayaking, Hammock camping and a choice between ul backpacking and traditional to list a few.
Also I saw where I could put a SMD Starlite on my bindle but not the others, like my Swift. And no Zpacks or MLD. I think this is what people may have meant by the library is a bit small for backpackers.
I did see a place to upload a pic and description of my MYOG Gear which is good, but it didn't work when I tried to upload a picture of my hammock. Also it seems to be very slow moving and stops my computer in its tracks.
It's a good start but it's only half-way there for what a ul backpacker would need for such a tool.Jan 12, 2012 at 10:57 pm #1824131
Jace – Great pickups, we're taking a look at them now. I think the path we were coming from was more along the lines of what Joslyn mentioned: visualizing the gear that you have and being able to share that with others. In regards to geargrams, I think it's a great site that makes creating a spreadsheet for your gear easier.
Joslyn – Cheers on the tips. User created categories is on the roadmap. Re: performance, again I appreciate the pickup and it should be faster by the time you read this. Thanks for trying it out!
The gear index is quite diverse. Manufacturers w/o wide distribution aren't represented as well as they should be at the moment, you can however upload photos of the any gear that has a photo. :)Jan 13, 2012 at 12:08 am #1824142
Nick LarsenMember
@stingray4540Locale: South Bay
So if I upload a picture and give it a description, say a zpacks duomid, then will everyone be able to access it? Does it go into the main library, or is it something that only I can use? If it is the former, than your gear library will naturally grow as people make bindles. Would be nice to see something like this married to gear grams.Jan 14, 2012 at 2:25 pm #1824721
Nick – the picture is only connected to your account. Good idea about the growing the database this way. Does gear grams allow you to crowd-source weight?
Cheers! DomJan 15, 2012 at 11:29 am #1825018
Charles HenryMember
@chuckie_cheeseLocale: Arizona and British Columbia
my 2 cents:
1. It's hard to tell what at all your site does from the homepage. Alot of big promises though.
2. After alot more work on my part, it turns out you allow people to present a collection of stock photos of their gear.
So ok fine, instead of writing my gear down I can now do more work to present stock photos of it. In my opinion not very useful to the majority of backpackers, maybe interesting to some but it's massively oversold by phrases like "Breathe life into your gearlists".
I think one big problem with this is: People are who into gear want to show how special and unique their gear is, not demonstrate that anyone with a credit card can also assemble exactly the same gear list.Jan 15, 2012 at 1:20 pm #1825040
Nick GatelBPL Member
@ngatelLocale: Southern California
All of this is silly to me. I have a gear list to:
1. Use as a checklist – it only changes due to weather, season or water availability.
2. A database with item weights, helps me to compare to potential new products.
On any trip, I am familiar with all my gear and I do not have to agonize over what to bring, I pretty much know what will work. Assembling gear for any trip only takes a few minutes. I just want to make sure I do not have a 'senior moment' and forget something. All the time it takes to fiddle around with a sophisticated gear list could be used to actually go hiking.
Now if one makes a living hiking and writing about the experience, it would make sense to me.
You must be logged in to reply to this topic.


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YuGiOh! Tin 2013 Wave 2 Redox, Drachenherrscher der Felsen german
The Yu-Gi-Oh! TRADING CARD GAME Collectible Tins are based around the popular Dragon Rulers theme! Each tin comes with a Secret Rare version of the Dragon Ruler featured on its lid. Also included are 4 Super Rare cards in each tin, reprinting popular cards old and new. One card per tin was previously available only as a promotional card to SHONEN JUMP Alpha subscribers (different in each tin). The other 3 Super Rare cards are selected from popular cards like Black Luster Soldier - Envoy of the Beginning and Ally of Justice Catastor.
Online Dispute Resolution http://ec.europa.eu/consumers/odr/
Contact email@example.com


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Applications with Garrison™ and Hussar™ Active RFID Tags
Garrison™ Series Tags Demonstration Video
Garrison™ 2.4GHz Active RFID Tag Series has two tags, Rugged Tag and Responsive Tag. Rugged Tag has achieved IP65 standard for waterproof, dustproof and shockproof. Responsive Tag has a LED light and tamperproof sensor which can perform security and indication functions on top of basic asset tracking functions.
Please watch our video for more details about these two tags:
Attendance Taking Application by Hussar Slim Tag
In this video, we applied our Empress™ Reader and Hussar™ Slim Tags for Attendance Taking Applications for companies. After installing the reader inside the company onto the ceiling or wall of the premises, a Hussar™ Slim Tag with a unique ID will be carried by each staff representing each of them. When the staff enter or leave the office, the unique IDs of the tags they are wearing will be sent to the Empress™ reader and saved in the computer with the exact time for proper record. One Empress™ Reader can cover an area with adjustable radius from 5 to 50 meters. No manual attendance taking procedures are required and the workload of the human resources department can be greatly reduced.
Please watch video for more application details:
Access Control Application by Hussar Slim Tag
In this video, we apply our Empress™ Raeder and Hussar™ Slim Tags for Access Control Application. When the staff carrying the tags arrives at the door area, reader installed at the entrance will receive signal released from the tags. After receiving the signals, the reader will send signals to the controller to unlock the door. Only authorized tags representing authorized persons can access the premises. Slim Tags allow convenient yet secured access control.
Please watch our flash video for more application details:
Asset tracking solutions, Active RFID systems, Real-time location systems
Construction sites are challenging environments to manage with the many critical issues in asset management, tool tracking, production safety as well as worker safety. To meet these challenges, more and more construction com-panies and site contractors are integrating Radio Frequency Identification (RFID) technology in their day-to-day operations in construction sites and projects.
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Active RFID Real Time Location System by Zoning
Real time location tracking can be done either by triangulation or by zoning. The former method makes use of sophisticated algorithms to locate the RFID tag based on comparing the readings of three or more readers while the latter one is done by dividing areas into zones, allocating a reader to each zone and tuning its gain in order to detect only tags in the said zones.
Evaluation Kit with all Tempcorder Tags and one Empress Active Reader
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New tags added to the Tempcorder Tag Series - Moist and Extreme
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How Tempcorder Tags can be applied in different situations to solve business problems and enhance efficiency?
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New Product Launch: Active RFID All-In-One Enclosure
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Applications with Garrison™ and Hussar™ Active RFID Tags
Quality and performance are ensured for all products launched through testing and tuning. Watch this video to understand how Hong Kong RFID conducts product testing to ensure the best active RFID equipment for different projects.
Posted on:
Suki Liu
Watch demonstration videos and see how Garrison™ and Hussar™ Active RFID Tags can be applied for different solutions.
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The highly anticipated EM02-ETH reader is finally launched. Learn more about the reader from the product catalogue with full specification and introduction. EM02-ETH is a product addition to the Empress™ Reader family, with brand new appearance and multiple functionality upgrades.
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Application of Garrison™ Series
Environment monitoring system with active RFID equipment implemented in museum covered as top story in RFID Journal
Posted on:
Suki Liu
Hong Kong RFID Ltd. has recently worked on a project to implement our active RFID access control system in a luxury residential area in Hong Kong.
Active RFID tags are given to residents as their resident card. Residents' information such as name and address is stored in the card for identification and security purposes.
Do you know the difference between active and passive RFID? Watch this video to learn more and get ideas on choosing active or passive RFID technology for various applications.
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Suki Liu
Key Features :
Barrier free
Long reading distance
Multi-tag identification, anti-collision
Enhanced Safety
Enhanced operation efficiency
High Accuracy
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Suki Liu
We have just the kit for you to test or set up a simple demonstration. The all new Hussar™ Evaluation Kit includes all necessary equipment you need for a simple tracking application. The kit is on special promotion now! Read the entire press here to learn more.
Posted on:
Suki Liu
Moist Tag and Extreme Tag in action
My Rating of importance:
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May 8, 1959
HYNDMANv.PENNSYLVANIA RAILROAD COMPANY, APPELLANT.
Appeals, Nos. 377 and 378, Jan. T., 1958, from judgment of Court of Common Pleas No. 3 of Philadelphia County, June T., 1954, No. 2686, in case of Ronald Kenneth Hyndman, a minor et al. v. The Pennsylvania Railroad Company. Judgment affirmed; reargument refused July 2, 1959. Trespass for personal injuries. Before ALESSANDRONI, P.J. Verdict for minor plaintiff in amount of $65,000 and for natural guardian in her own right in the amount of $7,000, defendant's motions for judgment n.o.v. and for new trial dismissed, and judgment entered on the verdicts, opinion by WEINROTT, J. Defendant appealed.
Theodore Voorhees, with him Gordon W. Gerber, and Barnes, Dechert, Price, Myers & Rhoads, for appellant.
Elwood S. Levy, with him Charles A. Lord, Seymour I. Toll, and Richter, Lord & Levy, for appellees.
Before Jones, C.j., Musmanno, Jones, Cohen and Mcbride, JJ.
[ 396 Pa. Page 192]
This is an action in trespass brought by Ronald Kenneth Hyndman, a minor, by his mother Elizabeth W. Hyndman as his guardian and in her own right, against the Pennsylvania Railroad Company (appellant). The minor appellee suffered serious electrical burns when he came in contact with a portion of the transformer apparatus housed on a platform affixed to appellant's catenary pole near Langhorne, Pennsylvania, along the railroad right-of-way. The jury returned a verdict in favor of plaintiffs.
This is an appeal from a denial of defendant's motion for a new trial and for judgment n.o.v.
It is a well established rule that in considering motions for judgment n.o.v. the court must consider the evidence in the light most favorable to the appellee resolving all conflicts in his favor and giving him all favorable inferences usually adducible from the evidence. Bartleson et al. v. Glen Alden Coal Co., 361 Pa. 519, 64 A.2d 846 (1949); Phillips v. Philadelphia Transportation Co. et al., 358 Pa. 265, 56 A.2d 225 (1948). The following facts amply supported by the record could have been found by a jury.
At the time of the injury, the minor appellee was eleven years and seven months of age. He was a tenderfoot with a boy scout troop which occupied a regular camp site about twenty-five feet from the railroad's right-of-way. This camp was located approximately fifty feet from the catenary pole where the injury occurred.
[ 396 Pa. Page 193]
The pole was a steel column, fourteen inches square imbedded in a concrete foundation located about eight feet from the nearest track rail. It had a metal ladder beginning twenty-two inches above the ground leading to a steel platform at the twenty foot level where the transformer apparatus was located. The platform had a railing on three of its sides, but the side next to the ladder had no railing. There was thus an open access from the ladder to the platform. The ladder extended nine or ten inches from the side of the pole and was fastened to it by means of steel brackets. It had rungs running its entire length spaced fifteen inches apart. The bottom seven feet of the ladder was faced with a one-eighth inch metal plate, seven and a half inches wide, which the defendant termed an "anti-climb gate." The rear side of the ladder had no such device on it. This gate was locked in a closed position with a padlock. The rungs of the ladder on the inside were unprotected by the gate; so also were the side brackets, the first of which was eighteen inches above the ground and the second four feet above ground level. Also along the side of the ladder was a hasp lock. After the first seven feet, which was covered by this gate, the rest of the ladder running up to and beyond the platform was completely unprotected.
The platform was so constructed that one could step directly on to it from the ladder. The transformer apparatus was affixed to the platform. From this apparatus there were two parallel vertical wires twenty-one inches long leading from above the platform down to the top of the transformer. Although these two transformer wires carried 6600 volts, they had only "light insulation" of rubber and copper cotton braid one-sixteenth of an inch thick. This insulation was sufficient to give protection against brush contact by clothing in dry weather only. It was not a safeguard against anyone who might touch the wire or come in
[ 396 Pa. Page 194]
contact with it during rainy weather. The only purpose of the platform was to support the transformer. This catenary pole with the platform and transformer located on it was the only such pole in the immediate vicinity. At the time of the accident there were no warning signs of any kind either on the tower or in the camp area.
This camp site was regularly frequented over a long period of time prior to the happening of this accident. Ingress and egress from the camping area was obtained by means of a path along appellant's right-of-way. Also, there is ample evidence in the record that appellant's trains passed this site regularly and its employees had noticed that the scouts were in the area. There was testimony that the scouts waved to the passing trains and received waves in return. Several of appellant's employees had stopped and talked with the various scouts in the area and knew they were present near this particular site.
From the record it is apparent that the appellee was not the first one to climb this pole. In fact, it appears that many scouts from the time of their initial use of this area camp site had climbed this pole and reached the platform.
On the day of the injury, the minor appellee, unaware of the danger, climbed the ladder on the side away from the track, using the supporting brackets, hasps, locks and inside rungs as steps. He climbed past the so-called "anti-climb gate" and then continued up the ladder using the rungs until he reached the platform. After he was on the platform, and was about to descend, he placed his left hand on what he thought to be a pipe. It was in fact one of the two parallel drop lines or wires leading into the transformer which was only slightly insulated. It had rained throughout the day and the insulation and part of his clothing were wet. The electrical contact threw the minor appellee
[ 396 Pa. Page 195]
from the platform to the ground. As a result he suffered extremely severe electrical burns on various parts of the body.
Appellant's first contention that the lower court was in error in refusing to grant a judgment n.o.v. is without merit. The railroad's liability was based upon Section 339 of Restatement, Torts which provides as follows: "A possessor of land is subject to liability for bodily harm to young children trespassing thereon caused by a structure or other artificial condition which he maintains upon the land, if (a) the place where the condition is maintained is one upon which the possessor knows or should know that such children are likely to trespass, and (b) the condition is one of which the possessor knows or should know and which he realizes or should realize as involving an unreasonable risk of death or serious bodily harm to such children, and (c) the children because of their youth do not discover the condition or realize the risk involved in intermeddling in it or in coming within the area made dangerous by it, and (d) the utility to the possessor of maintaining the condition is slight as compared to the risk to young children involved therein."
This section has been adopted in toto by this Court as law of the Commonwealth: Dugan v. Pennsylvania Railroad Co., 387 Pa. 25, 127 A.2d 343 (1956). There is no question, but that the appellees had to satisfy all four sub-sections of Section 399 in order to recover. The appellant concedes that the appellees introduced sufficient evidence to satisfy the burden of sub-section (a), but he maintains that this requirement was not met as to the remaining sections.
The appellant urges, with regard to clause (b), that the pole carrying the wires and holding the platform upon which the transformer was located was not a "condition" due to the fact that the so-called "anticlimb
[ 396 Pa. Page 196]
gate" prevented normal climbing of the ladder. The appellant conceded that a tower carrying high voltage wires with a ladder leading from the ground to the wires and with the rungs entirely unguarded satisfied Section 339(b), so as to charge the owner with the affirmative duty of taking all necessary precaution to eliminate the hazard. Appellant was also aware that the insulation for the two drop wires was very slight and not sufficient for brush contact in rainy weather. The question then presented is whether or not the "anti-climb gate", which the defendant put on the lower seven feet of the ladder, was a sufficient precaution. There is more than ample evidence in the record that aside from the minor appellee, many of the boy scouts had climbed this tower since this area was first used as a camp site. The overwhelming preponderance of the evidence indicated that the metal plate had no significant effect in blocking access to the ladder, and hence to the platform.
Appellant continually urges throughout his argument that the "anti-climb gate" protected the ladder from children and successfully blocked access. These are conclusions which have no basis in the record. On the contrary, it appears that this metal plate offered no protection whatsoever and, in certain instances, facilitated the climbing of the ladder due to the position of the side brackets and the hasps from which children climbed onto the unprotected part of the ladder. In Bartleson v. Glen Alden Coal Co., supra, the defendant maintained a forty-five foot tower supporting 4000 volt wires; the base of the tower was enclosed by a fence seven feet high containing panel gates which, four days before the accident, had been fastened in a closed position with two strands of wire. The plaintiff in that case, aged eleven years and eight months, had previously played in the area. For years other children also played games in the immediate proximity
[ 396 Pa. Page 197]
of the tower. The plaintiff entered the enclosure through the open gate and climbed the tower and, as a result, was injured when he came in contact with a high tension wire. All that was needed in order to make the condition inaccessible to children was for a lock to have been placed on the gate panel. This Court held that the defendant was liable for its negligence in failing to protect against this condition.
The present situation is quite analogous to Bartleson. There the defendant had constructed a gate and fence but failed to properly lock it thereby providing access to trespassing children. Here, the appellant took a precaution which from the record appears to be wholly inadequate. There is no duty on the owner or possessor of land to make a dangerous condition "child proof"; however, the mere signifying of an inadequate precaution as an "anti-climb" device does not satisfy the requirement laid out by Section 339(b). Here the defendant was aware of the presence of children in the area. He was under a duty to take reasonable precaution to prevent accessibility to this condition. The record proves that he failed so to do. It is quite clear that there was sufficient evidence to justify the jury's determination that the appellant should have been aware of this condition and realized the risk which was involved to trespassing children.
There also was ample evidence that the minor appellee did not discover the condition or realize the risk involved. The credibility of the minor appellee was clearly for the jury, which found by its verdict that he did not realize or at best imperfectly realized the exposure to danger. Bartleson v. Glen Alden Coal Co., supra. The appellant contends that the "anticlimb gate" and the presence of high voltage wires overhead served as a warning to the minor appellee and that he should have realized that this was a dangerous condition. Even assuming this to be correct, the condition
[ 396 Pa. Page 198]
here which caused the injury was not one of which it might be said that the appellee was aware. Here he was injured because of two drop wires running on the platform which was easily accessible from the ladder, and not because of the high tension wires which were strung above the platform. As the testimony in the record shows, this tower had been climbed many, many times in the past without any injury occurring. A jury could properly conclude from this that the minor appellee would reasonably assume that no danger existed because of the successful climbs in the past. As we stated before, there was ample evidence to allow the jury to conclude that subsection (c) was fully satisfied.
Appellant further contends that the utility of the catenary pole is not slight as compared to the risk involved to trespassing children and therefore the requirement of sub-section (d) of Section 339 was not met by the appellees. During trial the appellees introduced a great deal of testimony as to the feasibility and costs of four alternative precautions which the railroad could have taken in order to safeguard this condition: (1) provide a heavier and safer insulation for the drop lines; (2) post warning signs; (3) remove the ladder; (4) erect a fence around the pole.
Appellant admits that the cost of these precautions in regard to any one pole is slight; however, he urges that it would be necessary to erect similar safeguards around every pole of this type (appellant maintains 844 of these poles along its right-of-way), and hence the cost would be prohibitive. The appellant relies on Dugan v. Pennsylvania Railroad Co., supra, where a minor plaintiff sustained severe electrical burns when he climbed to the top of defendant's train stopped temporarily for a signal. The wire involved was the catenary wire from which the current flowed to the train while the boy stood stop a box car. It was
[ 396 Pa. Page 199]
pointed out in that case that these wires could not be more heavily insulated as it would be impossible for the railroad to function. There is also evidence which was noted by the court that identical trespassing (crossing over cars) occurred along the entire New York-Washington run and that there had been four prior electrical accidents at different locations. Plaintiff in that case maintained that the right-of-way should have been fenced or that the train crew should have protected the children. This Court held that there was a failure to satisfy clause (d) because it would be impossible for the railroad to function if the catenary wire were insulated and the only alternative was for the railroad to fence or patrol the entire right-of-way to prevent trespassing on trains in transit and this would be an unreasonable burden. The Dugan case is clearly distinguishable from the facts presented by this appeal. There is absolutely no evidence in the record which shows that trespassing children were present or in the vicinity of any of the other 844 signal transmission poles. The only pole which required these safeguards would be the one at which the injury occurred because this is the only one which was shown to be frequented by trespassing children. Also, in Dugan the catenary wire involved ran the entire length of the New York-Washington line and could not be insulated properly because to do so would interfere with the current which directly ran the trains. Here, however, the wires involved were only thirty-one inches long and could have been insulated without any interference with their function.
It is not for this Court to say which of the safeguards the appellant should have taken. Suffice it to say that insofar as the only precaution which the railroad took proved to be wholly inadequate for the purpose, something more should have been done.
[ 396 Pa. Page 200]
For the above cited reasons the denial of the appellant's motion for a judgment n.o.v. was properly granted by the trial court.
The appellant also argues that the trial court was in error in refusing to grant its motion for a new trial. It claims that it was reversible error for the court below to admit evidence that after the accident defendant attached to the tower in question signs reading "Danger, Live wire, Keep off."
The law of this Commonwealth is clear that evidence of subsequent repairs or precautions is not admissible for the purpose of proving antecedent negligence. Baran v. Reading Iron Co., 202 Pa. 274, 51 Atl. 979 (1902). Appellant's argument was more than adequately handled by the court below when it said: "A detailed review of the record discloses that such evidence was admitted for the special purpose of demonstrating to the jury one of the precautionary steps, which could have been taken by defendant without hindering its operation if the jury found that any such measure was required. The jury was carefully instructed to so regard it at the time it was introduced into evidence. The limited scope of the item of proof was plainly set out to the jury in careful instructions by our President Judge EUGENE V. ALESSANDRONI who presided over the trial. We believe the jury to have been adequately apprised that the testimony had no bearing on antecedent negligence but was only to show a caution which was not costly or burdensome to the defendant in relation to the risk or danger involved.
"In citing Baran v. Reading Iron Co., 202 Pa. 274, defendant ignores the restricted and qualified basis for admission of the evidence and testimony as to its subsequent conduct in erecting signs. The court carefully and painstakingly instructed the jury that it was not to regard this as evidence of prior negligence. The offer
[ 396 Pa. Page 201]
of proof in the Baran case, supra, demonstrated the sole purpose of the evidence of subsequent conduct was to establish antecedent negligence. In distinguishing the cases treating this point the Supreme Court in the Baran case stated: '... The reception of this kind of testimony is undoubtedly sanctioned by some of our cases, but in most of these cases the testimony introduced was not of sufficient importance to require a reversal, or there was some ground for its introduction, other than that it tended to show antecedent negligence ...'
"This statement illustrates recognition by the Court that such testimony is admissible for purposes other than to prove prior negligence. That this is the law is further borne out by O'Brien v. Jeanette Borough, 128 Pa. Superior Ct. 443, where testimony that employes of defendant borough fenced in the hole after an accident in which a pedestrian fell in it was held admissible to show that the Borough had control over the location.
"The general principle is that evidence is admissible if it is competent for any purpose; as a corollary of this rule, evidence may be considered for any purpose for which it is competent: Morse Boulger Dest. Co. v. Arnoni, 376 Pa. 57, 65.
"We conclude that the evidence as qualified was properly admitted in this case, and no prejudice can be said to flow from this ruling by the Trial Judge under his careful instructions."
Finally, appellant argues that a new trial should be granted on the ground that the verdicts in favor of the minor appellee in the sum of $65,000 and in favor of the mother in the sum of $7,000 were excessive. After a careful review of the record it is our conclusion that the trial court did not abuse its discretion in allowing the verdicts to stand due to the extreme nature of the injuries suffered by the minor appellee.
[ 396 Pa. Page 202]
For these reasons the lower court was not in error in refusing to grant appellant's motion for a new trial.
Judgment affirmed.
I dissent from the action of the majority of the Court in affirming the refusal of the court below to enter a judgment n.o.v. in favor of the defendant.
The result reached by the majority, in my opinion, constitutes a completely unwarranted and unjustified extension of the rule laid down in Bartleson et al. v. Glen Alden Coal Co., 361 Pa. 519, 64 A.2d 846. The record is clear that the defendant had taken all precautions reasonably necessary to guard against the intrusion of children upon the platform on which its electrical transformer and wires were located. Under the majority ruling the defendant is required to make the platform and electrical transformer absolutely "child proof"; this requirement is wholly and practically unreasonable and tantamount to the imposition of liability on the defendant no matter the extent to which it has taken precautions to protect its electrical devices from trespassing children.
If this be the law, whenever a child and an electrical device come in contact, regardless of the extent of care exercised by a defendant to avoid the possibility of such contact, liability will be fastened upon the defendant.
Mr. Chief Justice CHARLES ALVIN JONES joins in this dissenting opinion.
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Neil Simon's 'Brighton Beach Memoirs'
For several members of the Warren High School drama department, the spring play "Brighton Beach Memoirs" will be a bittersweet experience.
Of the seven cast members, five will be graduating seniors performing for the last time with a group of whom they have grown quite fond.
"It's kind of sad because I came up with these people … but it has also been a really fun experience," said Mariah Stollar, 18, who plays "Kate Jerome" in the semi-autobiographical play written by Neil Simon.
Two plays are typically performed each year and students have an opportunity to participate from their freshman year on. Other productions have included "The Miracle Worker" and "You Can't Take it With You."
"Brighton Beach Memoirs" focuses on Eugene Jerome, a 15-year-old boy growing up and coming of age in Brooklyn, New York in 1937. "Brighton" is the first in a trilogy, which includes "Biloxi Blues" and "Broadway Bound."
Stollar's character is the matriarch of the Jewish family, overbearing mother to Eugene and Stanley, and harried wife of Jacob.
"She is strict and short-tempered," explained Stollar, "and the polar opposite of me."
Getting into character and crossing boundaries has been part of the appeal for the cast, which is made up of many seasoned thespians who have performed in school and community productions alike.
"I started acting at Mid-Ohio Valley Players when I was 7," said Timmy Kinker, 19, who plays overworked father Jacob Jerome and will also be seen in an upcoming Actors Guild production of "Shrek the Musical."
"There is a possibility I might study theater in college," he said. "There is nothing like it … acting is playing imagination at 18 years old. You get to take on a different persona."
Although playing 15 for a 16-year-old might not seem like much of a stretch, taking on the lead of Eugene didn't come without some challenges for sophomore Drew Ullman.
"Well he is a little immature. And then there was the accent," he said.
The entire cast put in a lot of practice to nail down the thick New York dialects. In fact, the cast put in a lot of their own time just to rehearse.
"All the snow days did have an impact but a lot of times we would come out anyway, even if school was canceled," Stollar said.
Rounding out the characters are Eugene's older brother, Stanley; Kate's widowed sister, Blanche, and her daughters, Nora and Laurie.
The play will be performed at Warren High School at 7 p.m. Friday and at 3 p.m. Sunday. Angela Erb-Gentile is the drama teacher and Emily Brannon is student director.
"We couldn't have done it without Emily," said Ullman, adding, "It's a really good production, very comedic and fun for the whole family … and everyone has worked so hard so people should come see it."