Madman Zhang San: That Hammer, You Are Finished
Chapter 334 3 Brother, Your Debating Viewpoint Is So Showy
He passed the photo to the other two judges, so that the two colleagues could also see the third brother's inference.
After the other two had seen the photo, the three of them exchanged their eyes and nodded slightly.
With the approval of the two colleagues, Sha Yuliang chuckled and said, "Does the plaintiff want to ask questions about the defendant's explanation?"
This sentence is equivalent to the court's approval of the defendant's statement that the door of Feng's house is locked, and Du Xiaoliang's behavior is theft.
Song Yunian's face was a little ugly when he heard the words.
Mad, was brought to the rhythm by Zhang San.
The judge now clearly suspects that he's shifting the blame, which is not a good sign.
Facing Sha Yuliang's question, Song Yunian shook his head: "We have no doubts for now."
No way, Lin He's inference is both in line with common sense and close to the facts.
Song Yunian couldn't help it if he didn't admit it.
You can't ask him to do perjury, that's against the law.
In the dock, Lin He tapped the table with his fingers rhythmically, and said with a smile, "Since the plaintiff has accepted our inference and learned of Du Xiaoliang's theft."
"Then I would like to ask, what is the basis for your civil claim against my client?"
In the plaintiff's seat, Song Yunian stared at Lin He's eyes carefully for a moment, and after confirming that there was no red light, he was relieved.
"The grapes planted in the defendant's house have just been treated with pesticides, which is the direct cause of Du Xiaoliang's death."
"The dangerous conditions were created by you, and Du Xiaoliang belongs to a minor who is not mentally sound."
"Can't this be the reason for our claim?"
Lin He got up and said decisively, "No!"
"The vines belong to Feng Yuquan's family, and he naturally has the right to decide whether to use pesticides on the vines."
"Our party's act of using pesticides on grapes has not violated anyone's rights and interests."
"Therefore, the plaintiff's claim against us has no legal basis and is an act of shirk responsibility."
"Could it be that just because the Feng Du family are neighbors, when Feng Yuquan sprayed pesticides on the vines at home, should he ask the Du family's consent?"
"This approach is too absurd."
"Obviously, it doesn't make sense to do so."
Boom!
Sha Yuliang, who was on the stage, finally knocked down bravely, the first hammer in today's court session.
His eyes fell on the plaintiff's seat: "Is there any other reason for the plaintiff's claim?"
Song Yunian was silent for a moment, then said: "The three judges must also know that Du Xiaoliang is only an 11-year-old child, and is legally incompetent for civil liability."
"So, he doesn't have sufficient awareness and understanding of the objective dangers around him."
"When he sees the grapes on the tree, he naturally thinks that this is edible."
"It was the grapes in Feng Yuquan's house that caused the child's symptoms of poisoning and the final death."
"Therefore, it is not wrong for us to ask Feng Yuquan to take responsibility for Du Xiaoliang's death."
Song Yunian's point of view is very simple: children are ignorant, and it is normal to steal food.
But if someone died in your house and ate your grapes, you must be held accountable for it.
Without waiting for the judge's reminder, Lin He replied: "I need to remind the plaintiff's lawyer that a person without capacity for civil liability does not mean that he will not pay the price for what he did wrong."
"Children have rowed other people's cars and damaged things in the mall. Children naturally don't need to compensate, but the guardian must bear the responsibility for compensation."
"Although I have sympathy for this incident, I still want to say that since you don't think Du Xiaoliang is responsible for his actions, let his guardian be responsible."
Song Yunian: …
Let the guardian be responsible, so don't let yourself take the responsibility.
Third brother, your debating point of view is so showy!
Lin He got up and his eyes were cold: "If the plaintiff believes that we have created dangerous conditions, we insist on compensation."
"Then I want to ask, Feng Yuquan's house still has dangerous items such as kitchen knives. If the thief entered Feng's house and smeared his neck with a kitchen knife, would you still think that the Feng family should bear civil liability for the thief's suicide?"
"In a word, it is normal for grapes to use pesticides, and the grape vines are still in Feng Yuquan's home, not in a public place. How can we create dangerous conditions?"
"Since we have not created dangerous conditions, then there is no negligence infringement."
"Therefore, the plaintiff's claim against us is unreasonable."
Wonderful! Wonderful!
Defendant Feng Yuquan looked at Lin He with bright eyes, yes, you insist on our compensation, please show evidence to prove our fault.
If you can't get it out, sorry, we won't compensate.
On the plaintiff's seat, Song Yunian struggled for a moment, then gritted his teeth: "Your Majesty, the plaintiff has just argued that Du Xiaoliang got into the Feng's yard through a gap in the Feng's gate."
"The Feng family gate is broken, this is a problem that has existed for a long time."
"It is for this reason that Du Xiaoliang was able to enter Feng's house and ate poisonous grapes by mistake."
"It was their inaction that created potentially dangerous conditions."
"Du Xiaoliang's death has an inseparable relationship with the Feng family. It makes sense for me to claim against the Feng family."
At this point in the trial, several views of one's own side have been refuted by the other side.
Song Yunian simply resorted to rogue tactics. The dead are the worst. No matter what, people died from eating grapes from your home, and they died in your home. You should take some responsibility and pay a little.
On the high platform, Sha Yuliang pouted when he heard the words.
This plaintiff's lawyer is a bit shameless.
You demand compensation, but you cannot prove that the defendant is at fault, nor can you say the corresponding laws and regulations.
Just relying on the saying that the deceased is the greatest is difficult for us now.
If I do this, the third brother in the audience will be the first to refuse. What if he gets angry?
"Inaction? Created potentially dangerous conditions?"
Hearing this, Lin He sneered: "Since the plaintiff is not talking about inaction, then I want to ask."
"The gate of the Feng family is broken. As their neighbor, did the Du family grasp this situation correctly?"
"In that case, why did the Du family change the door of the Feng family without paying for it?"
"If you paid earlier and solved this problem, this tragedy would not have happened."
Uh?
Sha Yuliang almost couldn't hold back his laughter.
Yes, you are capable, you care about your son, and you want to eliminate the dangerous conditions around you, so why don't you replace the door of Feng's house first?
Sha Yuliang coughed lightly: "As for the defendant's statement, may the plaintiff refute it?"
Song Yunian heard the words, but did not speak for a long time.
When Sha Yuliang was about to remind him again, he slowly said: "Anyway, the direct cause of the death of Du Xiaoliang, the son of the Du family, was the consumption of poisonous grapes from the Feng family."
"I hope the court will take into account the causes and consequences and make a fair and just judgment on the plaintiffs."
Lin He directly stood up and retorted: "If the direct cause of death is caused, it does not mean that the other party needs compensation."
"If a person is in the wild on a rainy day and is struck to death by lightning, will the family of the deceased claim compensation from the weather?"
"A person walked to the river, fell into the water and drowned. Will the family of the deceased pay compensation to the river or the river manager?"
"A person was killed by a tiger in the wild. Will the family of the deceased claim compensation from the tiger?"
"I can't."
"In life, danger is everywhere, all we can do is try to avoid danger and avoid accidents."
"No one wants to see this kind of thing happen to the Du family, but I still want to say that the Du family's claim against the Feng family has no legal basis, nor is it justified."
"We also request here that the court can make a fair judgment on this case!"
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