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.