Skip to content

October 28, 2014

2

Chilling Halloween-Law Cases from Washington

by WSBA
Halloween foggy night with pumpkins, tombstone, moon and bat.
A cauldron of hair-raising legal cases from here in Washington state, dating back to 1897.

A “tombstone” inscription from Purtell v. Mason.

Everyone has heard of the Stambovsky vAckley case, where the court found that, as a matter of law, a house was haunted. Stambovsky vAckley, 169 A.D.2d 254 (N.Y. App. Div. 1991). Other strange and spooky case law includes personal injuries from corn mazes or haunted houses, flammable costumes, and other supernatural and sordid tales.

See, respectively, Deborah Mays v. Gretna Athletic Boosters Inc. (court held being frightened in haunted house was part of the experience and no duty to protect plaintiff from injuries she sustained); Purtell v. Mason (couple with large motor home received angry response from  neighbors and retaliated by placing tombstones in their yard telling of the untimely deaths of those neighbors — see illustration); Ferlito v. Johnson & Johnson (couple dressed up as Bo Peep and her sheep sued after sheep costume made of cotton balls caught fire).

But what about some “Halloween law” from right here in Washington state?

  1. In a Halloween prank gone awry out of Spokane, the decision begins, “The night was black, and a heavy rain fell.” The parties crossed the railroad tracks on October 31 intending to play a trick on a friend. However, the trick turned into tragedy when “they rammed into a freight train as it coasted quietly through the crossing at the western edge of Lyle.” Hewitt v. Spokane, P. & S. Ry. Co., 402 P.2d 334, 66 Wn.2d 285 (Wash. 1965)
  2. The appellate division had a real treat when it decided a defamation claim for an ad involving the plaintiff’s name written on the side of a pumpkin. The advertisement invited the public to “spend Halloween Night” at a local bar. The phrase “Mark Crossman is…” was written on the left side of the pumpkin. Crossman alleged that his name was written on bathroom stalls at 15 other bars and his reputation had been tarnished. Crossman v. Brick Tavern, Inc., 655 P.2d 1206, 33 Wn.App. 503 (Wash.App. Div. 1 1982)
  3. The plaintiff stated that he was a “spiritualistic medium” with a supernatural power. He used his contacts with the dead to induce the defendants to enter into promissory notes to satisfy spirits beyond the grave. Specifically, “he induced them to believe that there were certain spirits which demanded that they execute the notes in question, for the purpose of what he called a materialization.” He filed suit to enforce payment of the promissory notes. The Court ruled in favor of the defendants, finding that the notes had been entered into through fraudulent representation instead of legitimate clairvoyance. Du Clos v. Batcheller, 49 P. 483, 17 Wash. 389 (Wash. 1897). 

For more spine-tingling lawsuits, check out the October 2014 issue of NWLawyer, which features our Top 10 Legal Cases that Will Spook You!

Read more from Humor
2 Comments Post a comment
  1. Oct 28 2014

    Just back from the dentist. What does he have out in the waiting room for his patients? Halloween candy.

    Seems like there is a professional negligence claim in there somewhere.

    Reply

Trackbacks & Pingbacks

  1. Friday 5: How to Terrify a Lawyer for Halloween | NWSidebar

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Note: HTML is allowed. Your email address will never be published.

Subscribe to comments