Merlino & Gonzalez - November 2019

THE GREATEST AMERICAN WAR HORSE The Legend of Sergeant Reckless the 5th Marine Regiment. Her name was a play on the “recoilless” rifle ammunition she carried and a nod to the daredevil attitude of the soldiers who used them. Reckless was pivotal for her regiment in more ways than one. As Robin Hutton notes in her book “Sgt. Reckless: America’s War Horse,” “Because horses are ‘herd’ animals, the Marines became her herd. She bonded so deeply with them that Reckless would go anywhere and do anything to help her adopted family.” Sergeant Reckless’ greatest achievement occurred during the final stages of the Battle for Outpost Vegas. During the bloody five-day campaign, Reckless made 51 trips to resupply guns over the course of a single day. By the end of the battle, she had carried 386 rounds of ammunition by walking 35 miles through rice paddies and mountain trails. After dropping off the ammunition, Reckless would then bring wounded soldiers back to safety. Reckless was trained to lie down when under fire and avoid barbed wire, and her ability to do so without needing human command saved many lives during the battle. Reckless would close out her war career with two Purple Hearts and the rank of staff sergeant. She spent the rest of her years at Camp Pendleton in California. To learn more about this legendary mare, be sure to check out “Sgt. Reckless: America’s War Horse” by Robin Hutton.

Animals have acted as companions to humankind for thousands of years. They’re a near-constant source of companionship, comfort, and aid. Unfortunately, military animals don’t often get the recognition they deserve. One horse, in particular, was essential to the success of her regiment during the Korean War. Meet Sergeant Reckless. Bought for $250 in 1952 by a U.S. Marine Corps lieutenant at a Seoul racetrack, Sergeant Reckless was trained to carry ammunition for

NOT YOUR ORDINARY TURKEY SHOOT The Crazy Case of Jacobs v. Kent

It began like any other hunting excursion. Neil Jacobs was walking softly through the bushes, looking for a spot to hunker down and watch for a flock of turkeys. The only problem was that someone beat him to that neck of the woods. James Kent had established a hunting spot for himself, and, when he heard rustling and gobbling in some nearby bushes and saw a flash of red, he took aim and fired. Unfortunately, the movement in the bushes was not a turkey. Kent was horrified to find that he had shot Jacobs. Jacobs promptly moved for a partial summary judgment against Kent on the basis that he had failed to determine that Jacobs was not a turkey but, in fact, a human being. Kent cross-moved for summary judgment, saying Jacobs should have expected risks when he stepped into a popular hunting environment. When their case came before the Supreme Court of the 4th District of New York, the courts denied both the motion and the cross-motion. They agreed that Jacobs had assumed the inherent risks of hunting — just not the risks it would be unreasonable to assume, like getting shot by another hunter who thought you were a turkey. Beyond that, the courts did not pronounce judgment because they did not have enough verifiable facts. Jacobs asserted that turkey hunters should not shoot unless they can see the turkey and verify its gender. The court could not determine

whether Kent had failed to follow this rule when he shot Jacobs. They also could not determine whether the doctrine of primary assumption of risk, which Kent pointed to in his defense, was even applicable. The court also called into question whether Jacobs had also been negligent. Ultimately, the case didn’t move forward.

Maybe next time, they should just try getting a turkey from the supermarket.

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