I can not resist you reproduce the extract from a decision that must be the famous orator of the Court of Appeal of Riom (he was to chair) and relaxes all the lecture halls of the first year of law school. At the time to savor the end of my degree, the desire to share what I remember biting itch. Here's the story: in the hamlet owned La Rochette the village of sallede (63), a neighborhood conflict pitted the Mr. Rougier its neighbors, spouses Roche, owner of a poultry house that the first thought too close, too noisy and too smelly. Seized of the dispute, the court gave Clermont-Ferrand with the complainants and ordered the destruction of the house troublemaker. Furious, the husband Roche has appealed the court decision to the Court of Appeal of Riom, which gave them reason, in flowery terms:
"Whereas the chicken is an animal trivial and stupid to the point that no one has yet managed to draw, not even a Chinese circus, that his neighborhood has many of silence, a few soft clucks and cackles that range from joyful (laying an egg) in serene (tasting of a worm) through the panic (for a fox), that this peaceful neighborhood n has never bothered those who for other reasons, feed on anger against the owners of such fowl, the court will not consider the vessel the seaman unwelcome, flour the baker, the head of the violin orchestra, and an inhabitant of the chicken place called La Rochette sallede village (402 people) in the Puy de Dome.
For these reasons: acting publicly and contradictorily, reversed the ruling, dismissing the complainant of its actions and Rougier condemns the expense ... "
Court of Appeal of Riom, 1st Civil Chamber, 7 September 1995.
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