PP: Causes of action claimed by plaintiff: conversion, trespass to chattel, injunctive relief, and constructive trust (an equitable remedy that a court imposes against one who has obtained a property by wrongdoing)
FACTS: Both peeps think they own the ball from MLB. First one touches it then drops it, get’s mugged, and the other gets it and secures it.
ISSUE: Who possesses the ball?
HOLDING: Both. Thought Popov only temporarily touched the ball (while in motion) and had “pre-possessory” interest to physically control it, he was illegally mugged. Mr. Hayashi, however, held the ball and secured it. Both equally possess the ball against all the world as the MLB intentionally abandoned the ball upon connecting it with the bat.
RATIONALE: The court decided to use the principle of equitable division to sell the ball and equally distribute the claim to the two men.

Posted in
Tags: 

