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  • The Frozen Trucker v. The Bolognese Bloodletter: Why we read law sensibly, not literally

Comments

rparloff@gmail.com Mar 26, 2017 7:46 am

this is a terrific article. but in the last sentence, shouldn't you delete the word "not"? 

 

No, but I see the ambiguity. It was safe to drive away, but it would have been dangerous to leave the truck parked; I put some commas in to try to clarify that.

Reply to rparloff@gmail.com at 7:46 am
abitibien@gmail.com Mar 26, 2017 1:12 pm

There are a couple of curious gaps in the story as told to us. There was no heat in the cab--why not? He could have had heat by running his engine. He drove off to get help--what sort of help? An all-night garage, in search of a mechanic who would have enabled him to get his brakes thawed? Apparently not. What, then? An open restaurant, to have a cup of coffee and warm up a bit? But in that case he had indeed abandoned his load, and the company was within its rights to discharge him. The story as you have given it to us is somewhat tendentious--slanted, in a word, in favour of the driver.

Reply to abitibien@gmail.com at 1:12 pm
debaron@illinois.edu abitibien@gmail.comMar 26, 2017 2:35 pm

There are a couple of curious gaps in the story as told to us. There was no heat in the cab--why not? He could have had heat by running his engine. He drove off to get help--what sort of help? An all-night garage, in search of a mechanic who would have enabled him to get his brakes thawed? Apparently not. What, then? An open restaurant, to have a cup of coffee and warm up a bit? But in that case he had indeed abandoned his load, and the company was within its rights to discharge him. The story as you have given it to us is somewhat tendentious--slanted, in a word, in favour of the driver.

Good questions; they're all answered in the court's opinion, which you can read if you follow the link. Also, the court did rule in favor of the trucker. 

Reply to debaron@illinois.edu at 2:35 pm