Saturday, October 16, 2010

Is It Racist?

A guy injured in a bar-room fight sues the bar owner for negligence relating to his personal injuries from that fight. The Oregon Supreme Court described the parties in the booth as people of "American Indian ancestry", but made no reference to the ethnicity of the party sitting at the adjacent table. The people in the booth ended up in a fight with the people at the adjacent table.

The Oregon Supreme Court , in describing where the plaintiff was during the rowdy-dow, stated "No one could testify to the plaintiff's whereabouts at the time the band in the booth went on the warpath..."

A "Warpath"?! What the hell were these judges doing while writing this opinion? Watching old Westerns or something? Among law students, I'm definitely right of center in my politics compared to the norm, but even I was embarrassed after reading that opinion. The opinion was in 1971, right before the cusp of what we know as political correctness, but this example exceeds the boundaries of political incorrectness and heads straight into outright racism.

The case was Stachniewicz v. Mar-Cam Corp.

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