Summers and Tice

There once were three mice

Summers, Simon and Tice

And all day long, they would hunt for quail

Through fog and rain, snow and hail.

In a straight line, they marched as one

Up and down the marshy run

Until they heard the birds in flight

Summers went left, and the other two right.

As they grew farther apart

Their plan seemed pretty smart

Chase the birds and make them soar

Knock them down and get a score.

Ready to aim as they were

The birds darted left with a birr.

Missing their mark as the birds flew high

Hitting poor Summers in the lip and eye.

The old frog sat with all his grace

And passed down judgment on the case

The two were negligent as it seemed

But not is known who’s the fiend.

So here it is before the court

Can two be charged for one tort?

As both are guilty for the shot

To charge but one is justice not.

To hold so differently would exonerate

The two defendants against the weight

Evidence has shown in excess

Making the plaintiff remediless.

So we seven here agree

With the lower court’s decree

That these two are liable for the harms

Caused by their negligence with firearms.

And so our answer is this

Two can be charged for either’s remiss.

If no one knows who is at fault

Then we charge both equally for this most tortious result.