Chapter Thirty-Eight: Your Bust
"I walked well, whistling, drinking Coke, and going to buy some food. Suddenly three bottles of wine fell and smashed a big hole in my head, why are you so unlucky? What is this? Justice from heaven? ”
The plaintiff was a minotaur who was passing downstairs named Plath Moore
And the defendant ......
Well, to be precise, it should be the defendants.
They are the 202, 302, 402, 502, 602, and 702 residents of this building.
The cause was this Moore classmate, downstairs in them, who was smashed 3 hits by three wine bottles that fell from the sky!. was sent to the hospital for first aid, and more than 100,000 medical expenses were spent before and after. Medical expenses and other documents are readily available, and it can be said that the evidence is very well prepared.
And there is no way to verify who lost the bottle upstairs, and no one admits it.
According to the provisions of the Civil Code, if an object is thrown from a building and causes damage to others, the infringer shall bear the tort liability in accordance with the law;
So what should I do if I can't find the specific bottle that was lost? And the following:
Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer.
So the plaintiff sued the users of 202 to 702 in accordance with the law.
Now, the four occupants of 202, 402, 602, and 702 have all provided alibi to the court.
It can be proved that they were not at home at the time of the crime, that is, they are not infringers.
Some of them are at work, some are playing mahjong, some are eating hot pot in the store, and they also provide invoices. The remaining one went to the Cyberpunk 2077 launch event, and was caught on camera that he was indeed there.
The remaining 302 and 502 households have multiplied the suspicions.
If the real culprit cannot be found, it is very likely that the two will share the responsibility equally, and each person will pay more than 50,000 yuan.
For an ordinary family, if you haven't done it, it's really bad luck.
The aid case represented by Sparker this time is a resident of 502, an old goatman who used to be a blacksmith from another world, named Majack, and has no other hobbies on weekdays, so he likes to drink......
I don't have any other hobbies, I just like to drink......
I like to drink......
Likes to drink......
Drink......
Dry! %! @#……@!!! Lin Bei thinks the murderer is you!!
Spark's expression became serious, at this moment, the souls of Wright, Conan, Kanedaichi, and Rabbit were possessed, she was not fighting alone!
Old man, it's obvious that you got drunk and threw the bottle down.
Of course, the old man doesn't admit it, and the dead goat has a hard mouth!!
The presiding judge looked at the materials: "First of all...... Well, elf girl, she passed the law exam? ”
In the courtroom, Nystyna sat next to Spark. Generally speaking, in addition to the parties, only lawyers or trainee lawyers can sit in the courtroom.
Of course, trainee solicitors have limited authority and cannot express their opinions alone, but they can help organize materials and take notes.
"Yes, C certificate C certificate ......," Sparker explained
The so-called C certificate is a system in China, that is, in some areas where the rule of law is relatively backward, you can pass with special preferential treatment and low scores, and the license you get is called C certificate, which can generally only be practiced locally and cannot be used nationwide.
Of course, the special affairs in Shushan area, whether it is the examination time, the marking results, or the application for trainee lawyers, etc., are relatively fast, and it will be good in a few days. After all, there's still the Wings of Liberty organization staring at you......
The presiding judge nodded with satisfaction, it seems that this first otherworldly lawyer will be born soon!!
Today should be your first court session...... No, think about it carefully, this elf girl doesn't interject in court on weekdays, and she doesn't violate court discipline, what kind of apprentice does a teacher teach......
The presiding judge shook his head in pain, anyway, no matter what kind of assistant, he still had to ask the first defendant first according to the procedure
"Resident of 502, Majack, what do you have to say?"
"I think it's clear that this case is clear, and the evidence is clear that I didn't do it."
Well? What evidence? The defendant didn't provide any evidence.
"That, defendant, what evidence did you come up with?"
"It's not my evidence, it's the plaintiff's evidence, look at this bottle."
Everyone took out the list of evidence and saw that there was a set of evidence, which was a piece of glass in one place, obviously the residue of some wine bottles, which should have been taken after the incident.
"This ...... Does that prove that you didn't do it? ”
"Of course! These are all Wudeli beers, and Wudeli beer is also something that people drink? I don't know when this kind of cottage brand came out, Wudeli only oolong tea imitates it well, and it is very comfortable to drink when you are thirsty, not bitter at all. ”
Judge Flint, who was rescued, was no big deal, and quickly returned to work.
When I heard the drink, I seemed to meet a bosom friend: "Oh? So you don't like this beer? So what do you like to drink? ”
"Snowflakes! Brave the world! ”
"Sure enough, I think the snowflakes are delicious, delicate and foamy, with a long-lasting taste, and it is excellent to chill it."
Ma Jack was also excited when he heard it: "Yes, yes, especially after a cup after being busy, it is really an endless aftertaste." ”
"You two, don't talk about anything that has nothing to do with this case." The presiding judge interrupted them, what kind of beer are you talking about in court, do you want to give you some peanuts?
The holiday is coming in a few weeks, and people's hearts are starting to be wild, and many people are already thinking about where to go on vacation and how to arrange their itinerary, and they have no intention of working.
Majack took the photo and said: "Anyway, I won't buy this kind of wine to drink, it's not good at all, you ask the neighbors, do I drink this wine?" Or you should ask the downstairs if she bought the roast beer duck beer chicken. ”
The presiding judge glanced at it, as if he couldn't ask anything new from the old man, and he wanted to continue to ask, and it was estimated that the follow-up would be to discuss what was more delicious with the snacks. I still have to ask the others: "Residents of 302, Ms. Zhang Qiao, Aunt Zhang, does anyone in your family drink?" ”
This Aunt Zhang is not an otherworldly, she is a very standard local human, and she is not young, looking at her 60s, with a string of crosses on her chest, she sighed: "There is no one drinking at home, it's not that no one drinks at home, it's that everyone is gone." I don't have any children, but at the end of last year, my old man had an accident in the park, and our family suffered a lot, so there will be people drinking? ”
As she spoke, everyone understood that this Aunt Zhang had obviously suffered an accident in her family, had no heirs and lost an important source of income, and now she is basically relying on a pension, and her life is tight.
However, these statements do not prove that the bottle was not dropped by her family, and it is not a very useful testimony.
Responsibilities like this are clearer, and there are cases of the first defendant and the second defendant.
Often, both sides are desperately looking for excuses to shirk their own responsibilities and divide the blame on others.
Aunt Zhang said: "I was not at home that day, judge you have to believe me." ”
"I'd love to believe you, but you have to have proof, Aunt Zhang."
Aunt Zhang squirmed, thought for a long time and said, "It's not easy to say." ”
"Aunt Zhang, let me tell you clearly, although generally speaking, the plaintiff bears the burden of proof. However, in this kind of tort case, the law adopts the reversal of evidence, and if you cannot prove that you are innocent, you will have to bear the consequences of adducing unfavorable evidence, and it is likely that you will have to pay the medical expenses of the injured person. ”
"If you want to lose money, I'm done, and I'm homeless. Alas, well, I admit, I ...... that day Looking at the excitement in the open space behind Confucian Temple Street, there are a lot of muscular little brothers, oh roar, I didn't expect there to be such a good thing near home, there are so many little brothers. I hid in the grass for a long time and watched, and they pulled the chain, wow!! It's really handsome, if I were 30 years younger, I would definitely go over to ask for a little brother's WeChat account, so when the incident happened, the old aunt I was really not at home. ”
As he spoke, he blushed, covering his face with his hands, revealing a girlish feeling.
…………
Yes!
I felt a strange gaze at the scene that day, and it turned out to be you!!
Sparker looked at her with disdain, she didn't expect that she was old and her heart was quite wild.
Comparing the time again, it is true that the time of rescuing Judge Flint that day coincides with the time of this falling object case.
"However, only this bit of testimony cannot be used as evidence, after all, there is nothing reported in the news."
"You must have evidence, then the old aunt will have to come up with conclusive evidence. I observed that day that Xuanyuan's criminal police captain, after he took off his clothes, his shoulder width was 46, his chest was 108, his waist was 80, and his upper arm was 36. I guess it's not reported in the news. ”
!!!
The presiding judge thought about it, and if this data could match, it would mean that she had indeed witnessed it at the scene: "Quick, who has a phone number, call that, what is Xuanyuan's name?" Gauze...... Luo Yide confirmed. Lawyer Shi, you should know him very well, you have a phone number to confirm quickly. ”
"Isn't it forbidden to answer the phone in court?"
"I'm the judge, I allow you, this is a part of the court investigation, in order to find out whether Aunt Zhang has been to the scene, I now want to know Luo Yide's bust!"
…………
Judge, you seem to be starting to be very casual now......
Sparker had no choice but to call Luo Yide.
After a few beeps, Luo Yide picked up: "Hey, what's wrong with Spark?" ”
Wrong!
Suffered!
Finished!
Spark's sudden reaction was that it would be a very awkward call.
Luo Yide, what is your bust?
Such a direct question will be regarded as a pervert.
Luo Yide, I have a case to know your bust......
No, that would be considered a pervert.
Spark, who didn't know how to ask, suddenly turned red, although the lawyer was well-informed, but after all, he was still the age of the flower season.
"Spark? Spark, what's wrong with you? Seeing that no one answered on the phone for a long time, Luo Yide seemed to be a little anxious: "You are talking, is the signal not good?" Spark? ”
How should this be asked?
Seeing that she didn't speak for a long time, the presiding judge snatched her mobile phone: "Hey, Luo Yide, I'm Presiding Judge Song Jinqiao, what is your bust?" ”
…………
Meow?
Luo Yide, who was on duty outside, suddenly had a very confused expression.
WTF? Judge old man wants to know what my bust does?
"Luo Yide, you have to tell the truth, we have a difficult case now and need your bust."
…………
Meow?
What case will be related to my bust?
"Luo Yide, if you don't say it, I will issue an investigation order and let your leaders ask you what you want."
…………
Meow?
So serious that an investigation order should be issued??
An investigation order is generally an important piece of evidence that cannot be obtained by an individual for objective reasons in a lawsuit. After approval by the court, a document is issued to the parties that can collect evidence from a third party.
In general, it is not allowed to be disobeyed. Failure to comply can result in fines and judicial detention.
What kind of case is this, you must know your bust, Luo Yide's mind is full of question marks now.
“108……”
The presiding judge looked at it, and it seemed to be about the same: "And the width of the shoulders, the circumference of the waist, and the circumference of the upper arms, tell me!" ”
…………
Meow?
Isn't this the whole program of the court's year-end annual meeting? But listening to the voice, it is Judge Song Jinqiao, and a mature judge like him will not do such a thing!
"Shoulder width 46, waist circumference 80, upper arm circumference 36." Police officers have medical examinations twice a year, so they still know their size.
"That's right!" The presiding judge compared the data, amazing! It was found to be exactly the same! This Aunt Zhang can, this is a master, this is a master!
He hung up the phone and threw it back to Spark, leaving Luo Yide with a confused face, messy in the wind.
My bust...... What exactly is the case involved?
The presiding judge has basically confirmed now that at the time of the incident, Aunt Zhang was really not at home, but was watching the handsome guy at the scene of the incident over there.
Then all possibilities are ruled out, and the rest is possible even if it is impossible, and the suspicion of the audience turns to Jack the goat.
If there is no other evidence, the only drunkard who cannot rule out the possibility should bear this responsibility.
"I really haven't done it, I really haven't lost a wine bottle casually, this wine bottle can be sold for money, what do I do if I lose it, and I lose three of them."
Majack argued weakly, there was no evidence to prove his innocence.
yes, why lose three?
This thing is really weird.
Sparker took a closer look at Aunt Zhang, who had a string of crosses on her chest and a string of Buddhist beads on her wrist.
He also took out a photograph of the building taken by the plaintiff, which was a side view, and in order to prove that 202 to 702 were directly above the place of the incident, and these six were eligible defendants.
What's hanging on this 302? Sparker looked closely, and it seemed that there was a small mirror hanging on the balcony.
Small mirrors? Why should you hang a mirror on your balcony?
And on the handrail of this balcony, there seem to be two faint traces.
"Presiding judge, I still have something to ask the second defendant, Aunt Zhang."
"Ask me."
"Excuse me, Aunt Zhang, what is this hanging on your balcony?"
"It's a mirror, my friend gave me. It's not about the case, is it? ”
"It may not be related, it may be related. This should be a gossip mirror...... Why are you hanging? ”
"Just hang it casually to avoid evil spirits."
Ward off evil spirits? Ward off evil spirits??
Sparker remembered the cross, the Buddha beads, and a lot of strange and useless knowledge seemed to come together: "Your husband, has something strange happened to you?" ”
As soon as Aunt Zhang mentioned her husband, her face changed suddenly: "Alas, the old man was killed in the park at the beginning of the year, and his heart was gone when he died. ”
Pull out...... Heart-digging case!
Sparker glanced at the presiding judge, her husband was one of the victims of the heart-digging case.
"This matter is very tight, and the murderer was not found, and the murderer who was found later is said to have been wronged, and he was released again, alas...... For example, this one, something even more scary, I saw it on the road later...... See ......"
"What do you see?"
"I saw the old man...... I saw my old man walking outside......"
"What? You mean the dead? Walking outside? ”
"I also knew it was ridiculous, and no one believed me when I said it, so I went to the doctor. The doctor said I was missing too much and prescribed some medicine...... I've always been afraid that something evil will happen again, so I hung up a gossip mirror to avoid evil. ”
"I'm sorry, Aunt Zhang, is there really only a gossip mirror? Do you only have a gossip mirror to ward off evil spirits? ”
Aunt Zhang was obviously seen through something, and the Buddha who held her hand defended: "There are also crosses and Buddha beads, and Taoist priests have also been invited to spend time, and this matter is indeed evil." ”
"Not only that, but you should have done something else, like stacking three bottles on the side of the balcony?"
"I didn't! I didn't! Aunt Zhang screamed, looking very flustered.
"It seems that I guessed correctly, in the general folk feng shui theory, gossip is generally to block evil spirits. And with three wine bottles stacked together, the mouth of the bottle is outward, like a cannon, and the number three also means scattering, that is, to beat out the evil spirit in the family, scatter it. That's right, Aunt Zhang, I remember reading it in a southern feng shui book. We can apply for an investigation order and check if there are any traces of wine bottles on the balcony. Placed objects for a long time, the traces of dust on the balcony handrails are noticeably different, you can see this photo. ”
Aunt Zhang glanced at the photo, her face changed suddenly, and she didn't expect that there would be traces on the balcony handrail.
"No, it's not me! It's really not me! I wasn't at home! Aunt Zhang's voice became louder and louder, and she even felt a little hissed, almost collapsing: "You want me to lose money, how can I lose it!" The family really has no money, and if I lose money, I will have to sell the house, at my age, what should I do alone, the old man is gone. He whimpered as he spoke.
Seeing her like this, the presiding judge was also very sympathetic, saying that this sum of money is not too much, but it is a lot less, and it is really a bit difficult for an ordinary person to take it out.
"Well, it's true that you weren't home at the time, but the three bottles you were sitting on the balcony did fall and hit someone. You certainly didn't do it, I know who did it. ”
"Who is it?" Presiding Judge Song Jinqiao was curious, how do you know about the evidence in the court.
"The murderer is you! Judge Flint! ”
Well?? ¥#! ……! #&……!
Flint said that he knew her well, otherwise he should have a storm hammer to freeze her now, and then fly over and knock on the floor with a set of continuous skills to take her directly to the western sky.
"How...... How does it relate to me? I don't drink this Wudeli beer either, it's the same as horse urine, phew. I, Flint, as a dignified dwarf, would not drink a drop of thirst even if I jumped from here. ”
"Old Fer, this is the first floor...... You won't die if you jump......" The presiding judge Song Jinqiao obviously thought of something: "Is it the day of the rescue......"
"Yes, the order of things should be like this, that day Luo Yide and they took off their clothes, just to save Judge Flint, they were afraid that the cutter would startle the snake, and forcibly opened the iron door to the underground space with brute force. And the iron gate that flew out, according to the map, should have fallen not far from Aunt Zhang's house, and the shock caused by the big iron gate hitting the ground shook the wine bottle she placed on the balcony and hit the passerby, that is, the plaintiff. Therefore, in this case, although Aunt Zhang's bottle hit someone, the main body of compensation involves Haotian, Xuanyuan, emergency response, and multiple departments. It should be compensated by the government as the responsible subject in accordance with the State Compensation Law! ”
This is a reasonable statement.
Song Jinqiao thought about it for a while, and it seemed that it might still be a good choice to be compensated by the Shushan government.
After all, relatively speaking, hundreds of thousands are nothing to the Shushan government, but if it falls on the heads of the people, it will be fatal. What's more, the cause of this incident is also their pot, in case it spreads, those dog big V will know about it, and give the title party "Shocked! The 60-year-old woman was forced to sell her house because of this judge, and she was afraid that something big would happen.
"Based on the circumstances of the current trial, this case requires the addition of multiple defendants, and may even require Judge Flint to apply for recusal. The court is now adjourned, and you will be notified in writing at the next hearing, and you will be notified in writing that you wish to attend on time, and the court will be closed now. ”
There was a thud, and the gavel sounded.
Aunt Zhang didn't understand what was going on at this time. At least, there is a high probability that she will not have to lose money.