Is this a cheap shot or what?

Question

New Orleans man charged with Hubris, for stealing boat during storm surge. Mr. Morice is sued for stealing Mr. Lyon's boat during Katrina and accused of Hubris. Curious about this story, because a friend of mind took his neighbor's boat (skiff) during the initial rising waters of New Orleans the first day of its flooding, in order to get he and his wife, four cats and two dogs to higher ground, I was compelled to read it. I had remember talking to my friend much later (two or three weeks after the storm flooded the city and I was able to locate him thru who knows how many friend of a friend contacts), and him saying that his neighbor, the boat owner, was across the street when he saw my friend swim over and unlatch the gate in order to take his boat, and yelling to him something to the affect that, "I am going to get you for this."
story found at http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-6/1156572434292430.xml&coll=1

My friend took him serious, as the man was somewhat angry in his tone of voice, despite the surrounding circumstances. Don't know if my friend took the neighbor's boat back or not, so that the neighbor could get himself out. I thought that he did. He's a pretty decent chap. I remember him telling me that eventually he was able to depart the city after walking 10 or so miles to higher ground and arranging to get a car to travel to Layette, La. Louisiana (higher ground). He and his wife rescued an additional 2 or 3 dogs and 5 or 6 more stranded cats and took them out with them. Then he went back into the city, several times to rescue more animals. Mr. Morice was not the name of my friend, thank goodness. This was another dire story, of many rescue attempts that fateful day. My friend and his wife decided to stay and rebuild their home. I will pray for them this week as the first storm of the season comes in to the warm Gulf waters one year after the Katrina.

As for Mr. Morice, I would think that similar circumstances prevailed. I pray that Mr. Lyon will find it in his heart to forgive this man for his breech of conduct, and seek restitution in the form of an insurance claim, protecting his loses.

For those of you in Rio Linda (as Rush often says), who only have Black Sixth edition Law Dictionary, which DOES NOT contain the word Hubris in it???, the modern usage is as follows:

In its modern usage, hubris denotes overconfident pride and arrogance; it is often associated with a lack of knowledge, interest in, and exploration of history, combined with a lack of humility. An accusation of hubris often implies that suffering or punishment will follow, similar to the occasional paring of hubris and Nemesis in the Greek world and the proverb "pride goes before a fall" is thought to sum up the modern definition of hubris.[5]Wikipedia

Answer 1

Some people are not generous in their nature and think only of material things. Your friend who took a boat in front of the owner, however, was out of line BECAUSE that boat could represent the owner's only means of escape. BUT if you are attempting to understand this from a legal viewpoint and not a moral one, I must tell you New Orleans, and all of Louisiana operate under the 'Napoleonic Code' an entirely different system of law than the rest of the US. Lawyers who practice in Louisiana must go to law schools IN Louisiana to learn the particulars of this system of law.

The rest of us need to realize that New Orleans has it's own 'world' and leave it to them to sort themselves out. This case does seem mean spirited but we don't know all the circumstances. It sounds like a jerk being petty but we don't really know.

In Mississippi there were many boats 'borrowed' during the storm but most were unattended when commandeered for service. Notes were left anonymously thanking the owner and telling him/her how many lives were saved by their boat. No one has had any grievances so far and most are just glad to actually just FIND their boat.

This man in the article made one mistake and that was signing the note with his name. During emergencies we are all anonymous. Just one human being helping another.

But overall, New Orleans will conduct business like New Orleans wants to. This is a fact of life.

Answer 2

That's the way the legal system works.

The person whose property is taken or harmed sues for damages, and the other person asserts the affirmative defense of necessity.

Then the matter is resolved in court, or mediation or arbitration.

It may not be nice for the boat-owner to push the issue, but that's the way the law works.