Legal Poetry

Sunday, November 22, 2009
By Kyle

In Fisher v. Lowe, 122 Mich. App. 418 (1982), plaintiff brought action in tort against defendants for damage to his “beautiful oak tree” caused when defendant crashed into it with a car. Plaintiff appealed and the following opinion was delivered by Justice Gillis, with whom Justices Bronson and Brennan concur.

“We thought that we would never see

A suit to compensate a tree.

A suit whose claim in tort is prest

Upon a mangled tree’s behest;

A tree whose battered trunk was prest

Against a Chevy’s crumpled crest;

A tree that faces each new day

With bark and limb in disarray;

A tree that may forever bear

A lasting need for tender care.

Flora lovers though we three,

We must uphold the court’s decree.

Affirmed.”

While I can find no discernible poetic pattern, except an exaggerated attempt at end word rhyme, I applaud the court’s effort. The above “poetry” exemplifies an apparent disconnect between legal and creative writing.

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