August 6, 2015 2:09 am at 2:09 am #616165
A driver pulls into a parking spot. Immediately thereafter another driver pulls up and said he had been waiting on the opposite side of the street waiting for traffic to clear up to make a u-turn to take the spot when the driver now in the spot swooped in.
Who is more entitled to the spot?August 6, 2015 2:38 am at 2:38 am #1094880
first guy, there is no way to know if the second party is telling the truth but even if he is there is no guarantee that after he made the (probably illegal) u turn the spot would still be available.August 6, 2015 3:28 am at 3:28 am #1094881
Well, that’s exactly it Goq. It wasn’t available after traffic cleared and he made the u-turn. That’s why he told the driver who made it unavailable that he was waiting to be able to get the spot when he saw that driver come from afar and take it.August 6, 2015 3:34 am at 3:34 am #1094882
I had a friend in yeshiva who drove a tow truck. Ever see a tow truck being towed? No. He used to park wherever he wanted.August 6, 2015 3:34 am at 3:34 am #1094883
I had a friend in yeshiva who drove a tow truck. Ever see a tow truck being towed? No. He used to park wherever he wanted.August 6, 2015 3:47 am at 3:47 am #1094884
I never had a friend in yeshiva who drove a tow truck. Ever see a tow truck being towed? No. He would parked wherever he wanted.August 6, 2015 3:56 am at 3:56 am #1094885
☕ DaasYochid ☕Participant
Ever see a tow truck being towed?
Yes, actually. What do you think happens when it breaks down?
Also, they can get tickets.August 6, 2015 4:05 am at 4:05 am #1094886
Tow trucks do get towed, but most people don’t see it.August 6, 2015 10:12 am at 10:12 am #1094887
??? ????? ?????… Was it a free parking space? Or is it considered a ????August 6, 2015 11:30 am at 11:30 am #1094888
It’s one thing if your in a store/mall parking lot and the one car is waiting on the other side of the car thats pulling out and the pulling out car pulls out in the direction that puts that waiting car at a disadvantage and then someone who comes after from the other direction chops arein that is clearly wrong is the case you mentioned i find no fault with the car taking the spot.August 6, 2015 12:23 pm at 12:23 pm #1094889
If I was the one who had pulled into the spot, I would definitely pull right out.August 6, 2015 1:10 pm at 1:10 pm #1094890
In most places where you’re searching for parking, it’s illegal to make a U-turn (I believe it’s not allowed in any commercial area.) Therefore, the guy has no right to the parking spot.August 6, 2015 2:34 pm at 2:34 pm #1094891
Yekke: It’s free street parking.
DaMoshe: And if it isn’t a u-turn but rather a two-way street with vertical parking, and a car is waiting for traffic to clear from the opposite direction so he can make a left-turn into the parking spot, when someone passing from the same side of the street as the parking spot pulls right into it?August 6, 2015 2:58 pm at 2:58 pm #1094892
Its (sort of) the first sugyah in B’M.
Seeing something with the intention to acquire it doesn’t work.
The first one to do a Kinyon gets it. I guess the question would be what’s a “kinyon” on the right to use a space.August 6, 2015 3:10 pm at 3:10 pm #1094893
Free parking – don’t remember the sugya well, but isn’t there a ?????? ??? ????’ whether something free is included in ??? ????? ??????August 6, 2015 3:11 pm at 3:11 pm #1094894
???? ????? ????August 6, 2015 3:37 pm at 3:37 pm #1094895
Why was the guy waiting on the other side of the street for the space to open up? I probably would pull out because why fight over a space, but really, if he wanted to make sure he got it, he should just have parked right behind the space.August 6, 2015 4:35 pm at 4:35 pm #1094896
He wasn’t waiting for it to open, it was available before he got there. He was just waiting for traffic to clear so he could pull in. (Or so he claims.)August 6, 2015 5:13 pm at 5:13 pm #1094897
I did that, but instead of making a uturn I went around the block to get that empty parking space and as I was backing in to the spot I noticed a car from the other direction trying to make a uturn right there, and I did not give up the spot.August 6, 2015 5:14 pm at 5:14 pm #1094898
I once saw a guy turn into a parking lot from the exit lane and snatch the handicap spot while someone was about to turn into it. The guy jumped out of the car and ran into the store without putting up a placard – said he was in a rush… So the handicap guy parked behind him blocking in (this last part didn’t really happen but probably would have if popa were around)August 6, 2015 5:29 pm at 5:29 pm #1094899
Don’t remember the sugya. But I think the masksna is that it’s not koneh unless certain things happen. im yirtzeh Hashem perhaps I’ll have a chance to look it up later today.August 6, 2015 5:38 pm at 5:38 pm #1094900
???? ????? ????
So, you are proposing that when someone parks in a public parking space he/she is making on a kinyan on the spot and when pulls out is making it hefker again?
Does the din of Ani Hamihapech apply if I dont know the Ani is trying to take something?August 6, 2015 6:14 pm at 6:14 pm #1094901
Tos B’M ??? ??????. Bottom of bais amid aleph.
I’m not to good at writing Hebrew. I’ll translate here. You can check on my translation.
“And this that it says later daf 118 aleph, that seeing Hefker is koneh. This is that he did some maaseh such as that he fenced it in with a small fence.”
I guess some maaseh that isn’t an actual kinyon, otherwise what does the seeing accomplish.August 6, 2015 8:54 pm at 8:54 pm #1094902
Assuming the U-Turn was illegal than the first driver has a right to the spot.
There is a lot if that going on in Flatbush…illegal u-turns to grab a spot. It is dangerous and a chillul hashem. If the spot is n the other side of the street than it wasn’t meant to be your spot. I
- You must be logged in to reply to this topic.