THE HAIL THING
This is a tale that is totally true
‘Wait!’ you’ll say – ‘That’s a misnomer’
But please keep yer expectations in check
I’m a snail, no’ Shakespeare or Homer
May caught a tram frae the Barras
She alighted at Paisley Cross
Then a ten-minute walk to the Wellmeadow caff
Where Frankie Minghella was the boss
The tram continued up past Minghella’s place
But May fancied a stretch o’ her legs
And for the wee walk up tae the West End
She had put on her shoes wi’ the segs
The Gothic wonder that is Coats Memorial
Sits just past the museum on the bend
But May wisnae thinking sightseeing
She was thinking she had nae money to spend
May’s pal wisnae the maist punctual
So May grabbed a table and waited
Ten minutes later, in rushed her friend
Excited to tell who she had just dated
Her chum was a gem, she knew May was skint
And she insisted it was her treat
The smell o’ hot peas made May think twice
But she finally plumped for a sweet
Her pal ordered a Pear and Ice
While May went for a Scotsman Float
They’re baith basically ginger beer seas
Hauf-submerging an ice cream boat
Minghella poured oot some ginger
And I got a whiff o’ hot peas
I might have nae lugs and my eens are puir
But I can smell the burds in the trees
I popped ma heid oot the bottle
Thinking I might go for a wee crawl
Then there was a splash, and May was up in a flash
Spilling Float doon her braw Paisley Shawl
There was a lot o’ greeting and screaming
You would have thought I had the pox
Next thing May is aff tae her doctor
Apparently wi’ nervous shocks
END O’ CHUNK ONE
So, those are the facts o’ the story
And I’m sure you will feel sorry for May
But was there no’ an even bigger victim?
Who? Me… well, that’s what I would say
Anywae, the next bit is my favorite
It allows me to reminisce
And if I wisnae to tell you my back story
Well, that would surely be remiss
One day in the spring o’ twenty-eight
Dad told us he had a surprise
He said we were moving doon the toun
Afore you know it, we’re saying oor goodbyes
The next day efter topping up oor slime
We started the hazardous flit
And even wi’ a short cut through Underwood Lane
It was harder than I care to admit
Oor new hoose in Glen Lane was ‘the business’
It had a cracking view o’ the toun
And its bus stops on every surrounding street
Made it brilliant for getting aroun
We backed on to the Fountain Gairdens
Wi’ its statue o’ our national bard
And wi’ cherubs, dolphins and herons
That’s what I call a backyard
Each morn to the Gairdens fountain I’d go
For my daily swim and shower
Riding a magnificent walrus
It was almost my favorite hour
Dolphins in the center o’ Paisley!
You must be thinking I’ve lost the plot
But when I tell you the creatures were made o’ stane
You’re noo wondering who is the clot
The first night as we sat in the kitchen
A’ oor noses started itching and sniffing
It was like lemons, ginger and cream of tartar
We couldnae believe what we were whiffing
My faither said he was nipping next door
To see what he could spot
And though I said I would go wi’ him
‘It’s just too dangerous,’ was his thought
Dad put on his climbing gear
Stuck a torch on the front o’ his shell
An hour later, he’s back with some ginger
He’d located the source o’ the smell
You were wondering about my favorite hour
And it’s that time we’re now at
Oor evening trip to auld Davie’s factory
To quaff ginger wi’ Ginger, his ginger cat
END O’ CHUNK TWO
So, that brought back some fond memories
Some o’ the best times o’ my life
And the only thing I can compare it tae
Is the first time I met my future wife
But yon’s a different story
And this story needs to go on
To the events leading up to the cases
And the law changes they would spawn
Though May was still wed to Henry Senior
They hudnae bided together for awhile
But as tough as it was for her and H Junior
She still approached each day wi’ a smile
One day, three weeks after the fateful event
When May was thought to be getting better
She was rushed into the GRI
Wi’ an ambulance dispatched to get her
Everybody thought May had just had a boak
And there was no mention o’ ‘gastroenteritis’
I personally had never heard o’ that term
But then I’m no’ a doctor or a scientist
As she lay inside the hospital
A nurse told May she would have a great claim
That she shouldnae be poisoned wi’ a drink
And getting justice should be her aim
May hired Walter G Leechman
A counsel kent as a feisty foe
And despite two lost cases wi’ ginger drowned mice
For the third time, he was having a go
As May was a simple pauper
With less than five pounds to her name
The guid Leechman didnae charge her a fee
It’s called ‘pro bono’ in the legal game
Davie Stevenson was kent to have a few bob
He part owned his beloved Saint Mirren
And a’body who owns a fitba’ club
Is known to have money to burn
Of course, Davie was really suspicious
But he couldnae outright accuse
Even efter discovering May’s ice cream overfondness
Had been the cause o’ some previous spews
Walt G was a shrewd Glaswegian
And to double his chances o’ a win
He summoned baith Davie and Minghella to court
Much to the latter’s fear and chagrin
Minghella was named on the papers
Because he had sold the ginger beer
But it was soon decided it couldnae be his fault
As he wisnae the Brahan Seer
END O’ CHUNK THREE
So, noo you are acquainted wi’ the characters
You will agree they are a diverse bunch
I’m sure you’ve already got yer favorite
It being ‘me’ is probably my hunch
And that has just made me think
It’s been five minutes since you heard aboot me
But don’t worry, the next bit isnae boring
Naw, yer no’ getting my family tree
One rumor is that I am prignickitie
And that is just no’ true
I know I was caught wi’ ginger beer
But I also like Irn Bru
Une autre rumeur is that I come frae France
Un escargot de Languedoc
Mais naw, I’m a Paisley Buddy
And I was born under the West End clock
My fame means I’m asked lots o’ questions
Like ‘what do you dae maist o’ the day?’
Funnily enough, it’s spent brushing my teeth
So wid you if you had 14k
I eat berries, lettuce and maistly anything else
In fact, I’m a bit o’ a foodie nutter
But you’ll get that there’s one food I dinnae like
Aye, you’ve guessed it… it’s garlic butter
I’m normally a wee bit grumpy
And you might think there is no need
But let me ask you to ponder this
Would you like to wear yer hoose oan yer heid?
Did you know that my slime is an antioxidant?
A free radical that keeps your skin clean
But you’d be daft if you thought that’s why I make it
Naw, it’s to let me know where I’ve been
It was said I was decomposing
But that was a doonricht fib
Unwriting the music for Stayin Alive
I couldnae, and I dout neither could Barry Gibb
It was suggested I was oot looking for a mate
But that is definitely no’ right
Why would I need a’body else?
When I’m a happy hermaphrodite
Davie knew aboot the snails in his yard
And it was he who laid beer and caffeine traps
I personally find booze disgusting
But I’m partial to Starbucks fraps
You simply ken me as Paisley
But that doesn’t say what I am
I’m actually a cornu aspersum
And that’s Latin for an upside-doon pram
END O’ CHUNK FOUR
So, just before we hit the meat o’ the case
Aye, the part that might get some folk snoozing
Let me just say the ‘pram thing’ was a joke
I just found it mildly amusing
And so noo we go on to the legal stuff
The bit that really brought me my fame
I’ll warn you it’s a wee bitty technical
But, it’s the piece that brought Atkin acclaim
In the Court o’ Session Outer House
May won the first crossing o’ swords
But efter Davie won at the Inner House
May appealed to the House o’ Lords
The case made its way doon to London
And the highest court in the lands
Five judges in the Palace o’ Westminster
Who would hold May’s fate in their hands
Because May hudnae purchased the float
The defense said she had no remedy in law
But Lord Atkin wisnae for buying either
And he vowed to fix this legal flaw
Deliberations called me a foreign body
And even ‘deleterious matter’
But I’m as Scottish as haggis and wouldnae harm a fly
Though I might stop it for a wee natter
Lord A argued if you injure yer neighbor
By what should reasonably be foreseen
You should be liable under the civil law
And suffer the penalties that would mean
Lords Tomlin and Buckmaster were dissenters
Thereby showing they wurnae too bright And by blindly following the existing law
They took a path that wisnae right
I rightly got all the fame frae the case
But it’s really to James Atkin we all owe
For it was he who persuaded Lord Macmillan
That to the final judge it should go
Auld Thankerton liked doing his knitting
Aye, even when sitting in court
But he still cited common sense and justice
As he purled Atkin and Mac his support
The three wise lords had won the vote
To state a maker owes a duty o’ reasonable care
That didnae just mean that I needed to be clean
It meant that I shouldnae have been there
Noo, a tort’s no’ a baby tortilla
But a wrong causing loss, suffering or harm
And through Davie’s negligent actions
He would pay for May’s injuries and alarm
END O’ CHUNK FIVE
So, the Lords had passed their judgment
By a margin o’ three against two
And even though it was that close
It was still a seismic legal breakthrough
It also proved to be the end o’ the legals
Even if it wasn’t meant to be that way
But you’ll see that there’s one character short
As we enter the last act o’ the play
Though May won her case in the House o’ Lords
That didnae prove the event occurred
Davie even claimed the bottle wisnae his
And that the whole thing was absurd
The case then went back to the Scottish court
Where Davie hoped to put things straight
But sadly, he died afore it got there
And his executors settled oot o’ his estate
It was never divulged how much was paid
Whether in hundreds, it was two or five
But there’s one thing that is kent for sure
I’m the maist expensive snail to ever be alive
The café struggled wi’ the infamy o’ the case
Its doors shut forever in thirty-one
And so, while May was still in the middle o’ her fight
Frankie’s new Anchor Mill joab had just begun
Puir May continued to have a tough existence
And long life wisnae to be her fate
But she continued to live for her family
Till her clogs popped in fifty-eight
Well, here’s a fact that will astound you
A mollusk withoot a shell is actually a slug
So when weans cry ‘gies a slug o’ yer ginger’
We wee snails get ever so slightly smug
Oh, and for those that had May and I acquainted
And o’ us blending up a little swick
A thieving bone in an invertebrate?
Naebody could make that stick
I am thinking noo, when you talk or think snails
You will notice I didnae say ‘eat’
May’s triumph will be at the front o’ yer thoughts
And the infliction o’ her great legal defeat
This has been a long and complex story
And so a question as it nears its end
‘THE GASTROPOD THAT CHANGED THE LAW’
Has a better headline ever been penned?
And that means every time you make a purchase
Whether it’s deid, fake, worn, broken or just stale
Remember you have rights, my friend
Thanks to me… the ‘Paisley Snail’
THE END