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achtungnight
Oct 5, 2014
I get my fun here. Enjoy!
4.

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CourValant
Feb 25, 2016

Do You Remember Love?

LightWarden posted:

But first, introductions.


Vote: 3. "You are Dan Schmidt? My father used to talk about you back in California."

someone awful.
Sep 7, 2007


We're here to listen, and I hope we don't start to regret it.

The Bold Kobold
Aug 11, 2014

Bold to the point of certain death.
4. "Yep, I'm here to listen Mister Schmidt."

Dong Quixote
Oct 3, 2015

Fun Shoe

Avalerion
Oct 19, 2012

3.

where the red fern gropes
Aug 24, 2011


3 and hope he doesn't call us on it

Slor The Destroyer
Aug 4, 2012
5. "Get on with it old man."

LightWarden
Mar 18, 2007

Lander county's safe as heaven,
despite all the strife and boilin',
Tin Star,
Oh how she's an icon of the eastern west,
But now the time has come to end our song,
of the Tin Star, the Tin Star!
A mixture of opinions, but the most neutral choice prevails. On to the dialogue tree. First Mister Schmidt.

quote:

"Yep, I'm here to listen Mister Schmidt."
"Good then, because I've been around these parts a while and know plenty that you don't. See there's a lot of folks that came to California round forty-nine, but I'd already been trapping and prospecting my way through the Ruby Mountains here for years. Now, now everything's changed. Lots of people, all in a damned hurry, including that Cowboy there."

"That wounded calf. Tell me about it."
"The whole herd was a bearing down on me, I tried to turn them from trampling my gear. Didn't work; they was just too thirsty."

quote:

(Technically you only get to choose one of these questions, but it wasn't worth voting on so here they all are.)
Why didn't you fire into the air?
"I've gone against grizzlies, wolves and even a drat mountain lion once. Best way to scare them off is to try and plug them dead center so they stay scared or make dead. And let me tell you, those steers were just too drat stupid to take the first hint."

"Why not shoot one of the big heifers?"
"Well that calf was leading the way, so he volunteered."

"Just one shot?"
"Naw, got off a couple actually but them steers were just too stupid to take the hint."

"Tell me about this here herd."
"I looked up from panning by the stream and there they were, a whole wall of beef bearing down on me. Too late to do much of anything. Now my screens are all busted up and that trigger-happy Cowboy is trying to plug me with that blasted rifle of his."

"Where were you when the Cowboy there came into it?"
"I was trying to shoo them away from trampling my screens. Didn't work; they were just too thirsty or stupid to care about anything that didn't hit them between the eyes."

"That is all I needed to know."

Then on to the cowboy.

quote:

(+5 Carson for getting his side of the story after Schmidt)

The Cowboy pushes his hat back and regards you with a squint of sky blue eyes, "I'm Ben Carson. I work on the Big Bell Ranch just south of Albion Falls."

"I knew it. You're one of them desert folks," Schmidt calls out almost tauntingly from behind his rock.

"I'm a brother of the Latter Day Saints if that's what you mean," the Cowboy shrugs off the insult like a duck in the rain. "Anyway, we were driving a head of cattle west when a storm blew up, scattered us some. I'd been gathering strays, brought them down here for a drink. Next thing I know, I hear a gunshot and one of the calves flops. I look over and there's that man with his pistol still a smoking."

"Your little herd must have been very thirsty."
"We'd been without a drink for most of the day and there were only a few greens for them to chew on. But when they smelled this here water, they led me right to it," Carson explains.

"Did you see Old Schmidt there shoot?"
Didn't have to. Like I said, he was standing there with his pistol out and smoking, the herd shying away from him like he were a fox in a chicken yard," Carson explains.

"When did you get to the water?"
"Well, like I said, I had laggards," Carson says, "and those that were thirstiest couldn't hardly keep up with the rest, so I had to move them along."

"Did you look in on the watering hole first?"
Carson scratches his head a moment, "No. Can't say that I did owing to the fact that I was alone out here. If'n I got ahead of the herd, I might lose a few strays. Nearly did anyways."

"So, your heifers must've come in pretty eager."
"Yeah, they were very thirsty," Carson notes.

"Thanks. That's all I needed to know from you."

This gives us an opportunity to take a look around before making a decision.

quote:

"Glad you're trying to settle this without more violence," Carson replies as he steps back.

Schmidt slouches beside the big rock by the watering hole as if he's got all day now that he's gotten his story out of the way.

Carson waits patiently with his hands folded before him.

Take a look around.
A dead calf, a muddy watering hole and trampled pans and screens. Schmidt must have been panning for gold when all of a sudden a herd of thirsty cattle came crashing down on him. He pulled his pistol and, rightly or wrongly, shot one of Carson's calves to try to turn the herd aside. Carson didn't do anything criminal though because he was just bringing his cattle in to drink.

And now it's time to get to the bottom of this.

quote:

Render a decision

You present yourself before the two men and indicate you are ready to render a decision. Carson notes the gleam of your tin star tucked into your coat and settles back confidently. Schmidt follows the Cowboy's eyes and gives a little sigh when his alight upon your badge.

1. "Prospector Schmidt is at fault."
2. "Cowboy Carson is at fault."
3. "Neither of you are at fault."
4. "Both of you are at fault."

Each option has some sub-options once you select it to further explain the Marshal's reasoning, but for now how is the blame going to fall?

LightWarden fucked around with this message at 23:17 on Aug 11, 2018

ultrafilter
Aug 23, 2007

It's okay if you have any questions.


Both are at fault.

Added Space
Jul 13, 2012

Free Markets
Free People

Curse you Hayard-Gunnes!
1. "Prospector Schmidt is at fault."

Schmidt wasn't worried about his life, he was worried about his property. Defense of property is no reason to damage someone else's property. He should have tried to move his property, and if that failed he should have demanded a payment from Carson afterward.

Carson was merely negligent. He would have been liable for the damaged property, but his negligence is vitiated by Schmidt's malicious actions. When Schmidt pulled a rifle and started shooting, he gambled that he could save his property by destroying someone else's. The fact that he lost his gamble doesn't mean anything.

Schmidt escalated the situation and is clearly at fault.

Added Space fucked around with this message at 02:35 on Aug 9, 2018

SimplyUnknown1
Aug 18, 2017

Cat Cat Cat

ultrafilter posted:

Both are at fault.

Shooting the calf was wrong, but Ben should have shouted a warning or something before he started herding.

achtungnight
Oct 5, 2014
I get my fun here. Enjoy!

Added Space posted:

1. "Prospector Schmidt is at fault."

Schmidt wasn't worried about his life, he was worried about his property. Defense of property is no reason to damage someone else's property. He should have tried to move his property, and if that failed he should have demanded a payment from Carson afterward.

Carson was merely negligent. He would have been liable for the damaged property, but his negligence is vitiated by Schmidt's malicious actions. When Schmidt pulled a rifle and started shooting, he gambled that he could save his property by destroying someone else's. The fact that he lost his gamble doesn't mean anything.

Schmidt escalated the situation and is clearly at fault.

This is well-put, but I agree both men are at fault. Neither should escape punishment.

sebmojo
Oct 23, 2010


Legit Cyberpunk









achtungnight posted:

This is well-put, but I agree both men are at fault. Neither should escape punishment.

You're entitled to defend your property - if a cart was crashing down a hill onto your house through the negligence of the driver and you damaged it in preventing it from hitting your house you would not be at fault - but for the original negligence, no damage would have occurred.

The cowboy is responsible for the actions of his stock, if he'd let them trample a planted field then he would be liable for that cost. The prospector is down the cost of his screens, and the cowboy is down one steer. The cowboy should compensate the prospector for any difference between the cost of the steer and the screens.

Carson is at fault.

sebmojo fucked around with this message at 03:27 on Aug 9, 2018

Avalerion
Oct 19, 2012

2. "Cowboy Carson is at fault", cause of above.

where the red fern gropes
Aug 24, 2011


i'm pretty sure our character doesn't have a legal background though so we should be more interested in rendering a decision that doesn't get us shot

you're both wrong!

The Bold Kobold
Aug 11, 2014

Bold to the point of certain death.
"Yer both at fault."

The_White_Crane
May 10, 2008
Neither of you are at fault.
Carson had no good reason to expect that someone would be panning for gold in the watering hole and as he said, he couldn't very well go on ahead to check it without losing cattle.
Schmit had every right to try and dissuade a herd of cows from trampling the property which is his principal means of earning a livelihood.
Both people acted fairly reasonably, and the bad outcome was an unfortunate happenstance.

Comstar
Apr 20, 2007

Are you happy now?

Added Space posted:

1. "Prospector Schmidt is at fault."

Schmidt wasn't worried about his life, he was worried about his property. Defense of property is no reason to damage someone else's property. He should have tried to move his property, and if that failed he should have demanded a payment from Carson afterward.

Schmidt escalated the situation and is clearly at fault.

Also, the poor calf did not deserve to die and wasn't at fault. Schmidt fired multiple shots and didn't care what he hit, and clearly it didn't work.

CourValant
Feb 25, 2016

Do You Remember Love?
Vote: 4. "Both of you are at fault."

Neither demonstrated a duty of care for the property of others.

This is a Tort case, so damages are to be paid for the loss of property, on both sides, without punitive considerations.

LightWarden
Mar 18, 2007

Lander county's safe as heaven,
despite all the strife and boilin',
Tin Star,
Oh how she's an icon of the eastern west,
But now the time has come to end our song,
of the Tin Star, the Tin Star!
Many different possible arguments here, but at the end of the day it's time to blame everyone.

quote:

"Both of you are at fault."

Both men gape and glance at one another in disbelief.

(Order and Law slightly increased)

1. "Carson drove his herd toward the watering hole without seeing if anyone was there first."
2. "Schmidt shouldn't have fired that shot which killed the calf."
3. "The two of you didn't so much as sing out a hello to each other, did you?"

And here's how.

ShootaBoy
Jan 6, 2010

Anime is Bad.
Except for Pokemon, Valkyria Chronicles and 100% OJ.

Oh, this game :allears: Love it to death, more than a lot of the other games they put out. I'll be watching this for sure, though not voting yet. I know it back to front nearly, and I'd rather not accidentally steer things one way or the other. If we get to other playthroughs, I can't wait to see the reactions to some of the rarer options.

CourValant
Feb 25, 2016

Do You Remember Love?
Vote: 3. "The two of you didn't so much as sing out a hello to each other, did you?"

Because we're going to be 'that' kind of lawperson.

SimplyUnknown1
Aug 18, 2017

Cat Cat Cat

CourValant posted:

Vote: 3. "The two of you didn't so much as sing out a hello to each other, did you?"

Because that's what I believed before and I'm sticking to it.

achtungnight
Oct 5, 2014
I get my fun here. Enjoy!

CourValant posted:

Vote: 3. "The two of you didn't so much as sing out a hello to each other, did you?"

Because we're going to be 'that' kind of lawperson.

+1

That would have solved and avoided everything! Let’s reminisce about this while we enjoy some veal!

sebmojo
Oct 23, 2010


Legit Cyberpunk









SimplyUnknown1 posted:

Because that's what I believed before and I'm sticking to it.

Me 2

Dong Quixote
Oct 3, 2015

Fun Shoe

CourValant posted:

Vote: 3. "The two of you didn't so much as sing out a hello to each other, did you?"

Because we're going to be 'that' kind of lawperson.

Avalerion
Oct 19, 2012

1. "Carson drove his herd toward the watering hole without seeing if anyone was there first." - still think this is the main point.

LightWarden
Mar 18, 2007

Lander county's safe as heaven,
despite all the strife and boilin',
Tin Star,
Oh how she's an icon of the eastern west,
But now the time has come to end our song,
of the Tin Star, the Tin Star!
Many things are important here, but communication seems to be the most important.

quote:

"The two of you didn't so much as sing out a hello to each other, did you?"

The two men shift uneasily at the obvious truth.

"You're saying that if I'd come ahead of the herd…" Carson considers, "I'd have seen him in time to stop the rush?"

"And if I'd have stuck my flag on my claim here, he'd have known someone was here?" Schmidt replies, "Imma getting lazy with all this gold lying about."

Carson holds out a hand to Schmidt who grasps it. The two men give a firm shake, look one another square in the eye and just like that, they're not even thinking about killing each other.

(+5 Carson, +5 Schmidt)

1. "As things stand, Carson is owed a great deal more than Schmidt for the complete loss of his calf."
2. "Carson is owed a little more than Schmidt owing to the loss of his calf."
3. "Your debts are essentially even."
4. "Schmidt is owed a little in net for the thrashing of his livelihood."
5. "Schmidt is owed a great deal more for the loss of his livelihood."

We've taught them a valuable lesson about friendship, but just how valuable is it?

LightWarden fucked around with this message at 23:16 on Aug 11, 2018

CourValant
Feb 25, 2016

Do You Remember Love?

LightWarden posted:

We've taught them a valuable lesson about friendship, but just how valuable is it?

Vote: 4. "Schmidt is owed a little in net for the thrashing of his livelihood."

Carson has other cows, Schmidt doesn't have more equipment. Let's make sure everyone is taken care of, and, cook up that calf for dinner.

sebmojo
Oct 23, 2010


Legit Cyberpunk









CourValant posted:

Vote: 4. "Schmidt is owed a little in net for the thrashing of his livelihood."

Carson has other cows, Schmidt doesn't have more equipment. Let's make sure everyone is taken care of, and, cook up that calf for dinner.

Yep, this.

achtungnight
Oct 5, 2014
I get my fun here. Enjoy!

CourValant posted:

Vote: 4. "Schmidt is owed a little in net for the thrashing of his livelihood."

Carson has other cows, Schmidt doesn't have more equipment. Let's make sure everyone is taken care of, and, cook up that calf for dinner.

Agreed.

ultrafilter
Aug 23, 2007

It's okay if you have any questions.


Debts are even. They're amicable now; let's not risk it.

Avalerion
Oct 19, 2012

3. "Your debts are essentially even." A calf is probably worth slightly more but let's not be dicks about it now.

Added Space
Jul 13, 2012

Free Markets
Free People

Curse you Hayard-Gunnes!

CourValant posted:

Vote: 4. "Schmidt is owed a little in net for the thrashing of his livelihood."

Carson has other cows, Schmidt doesn't have more equipment. Let's make sure everyone is taken care of, and, cook up that calf for dinner.

Agreed

Comstar
Apr 20, 2007

Are you happy now?

ultrafilter posted:

Debts are even. They're amicable now; let's not risk it.

Dong Quixote
Oct 3, 2015

Fun Shoe

ultrafilter posted:

Debts are even. They're amicable now; let's not risk it.

LightWarden
Mar 18, 2007

Lander county's safe as heaven,
despite all the strife and boilin',
Tin Star,
Oh how she's an icon of the eastern west,
But now the time has come to end our song,
of the Tin Star, the Tin Star!
It's a perfect tie between calling it even and favoring Schmidt a bit, so bringing in a tie-breaker results in option http://orokos.com/roll/651034: 1d2+2 3. Everybody's square and neither man will pay.

quote:

"Your debts are essentially even."

"Yeah?" Schmidt asks and considers the Cowboy across from him. "Maybe."

"I don't like it…" Carson considers. "But maybe that makes it fair."

"You gonna cut that calf up for steaks? I'd pay for a good haunch," Schmidt says as he offers his hand.

Reluctantly, the two men shake on things.

1. "Now then, I have decided to waive my fee for this arbitration."
2. "I'm also going to need a little bit for my services rendered here."

But will anyone pay us?

someone awful.
Sep 7, 2007


They didn't ask us to stick our noses in, so expecting to be paid a fee for it seems kind of like a dick move. Waive it.

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ultrafilter
Aug 23, 2007

It's okay if you have any questions.


We did it for the exposure. Waive the fee.

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