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Halina Siwolop SDSA
Michael Wylie
Masters & Johnson new office…
Virginia Johnson [Lizzy Caplan] and
Dr. William Masters [Michael Sheen]
in their new research facility, Season 2…
Photo by Michael Desmond ©2014 Showtime. All Rights Reserved.
Posh hotel lounge…
Dr. William Masters [Michael Sheen] and colleague Virginia Johnson [Lizzy Caplan], Season 2…
Photo ©2014 Showtime. All Rights Reserved.
Masters living room…
Bill Masters [Michael Sheen] and his wife Libby [Caitlin Fitzgerald]…
Walter [Flex Alexander] gives Libby [Caitlin Fitzgerald] dance pointers…
Masters bar/mini-office…
Libby Masters [Caitlin Fitzgerald] is pregnant…
Masters kitchen…
Libby [Caitlin Fitzgerald] & her mother-in-law plan a party…
Libby [Caitlin Fitzgerald] & her mother-in-law Estabrooks Masters [Ann Dowd]…
Photo by Patrick Wymore ©2014 Showtime. All Rights Reserved.
Libby [Caitlin Fitzgerald] & her real support, mother-in-law Estabrooks Masters [Ann Dowd]…
Johnson kitchen…
Virginia Johnson [Lizzy Caplan] in her kitchen…
Virginia Johnson [Lizzy Caplan] and her kids Tessa & Henry [Kayla Madison & Cole Sand] at the kitchen table…
Johnson dining room…
Dr. Ethan Haas [Nicholas D'Agosto] joins Ginny [Lizzy Caplan] and her kids Tessa & Henry [Kayla Madison & Cole Sand]…
Johnson living room…
Dr. Ethan Haas [Nicholas D'Agosto], Tessa & Henry Johnson [Kayla Madison & Cole Sand] and their father George Johnson [Mather Zickel]…
Pediatric patient room…
In a surreal irony, Libby Masters [Caitlin Fitzgerald] has to deal with her infertility in this patient room…
Nurses station…
The entire 1950s hospital was created on stage for all but the first episode…
Maternity hospital operating room…
The full surgical suite…
Dr. Ethan Haas [Nicholas D'Agosto] reluctantly proposes to the provost's daughter Vivian Scully [Rose McIver]…
The vintage-style tables were custom made for this set…
Lizzy Caplan. Photo by Michael Desmond ©2014 Showtime. All Rights Reserved.
DePaul office…
Dr. Lillian DePaul [Julianne Nicholson] in the female researcher's tiny space, visual proof of the sexism of the times…
Hosipital processing bullpen…
The secretarial bullpen…
Dr. William Masters [Michael Sheen] talks with his new secretary Jane Martin [Helene Yorke]…
Jane's desk…
The new secretary [Helene Yorke] is also one of Masters & Johnson's key research subjects…
Masters office…
The basic design and decor from the pilot were kept, but the space and placement were reconfigured and enhanced…
Research hospital, Missouri, 1950's
Brothel…
When denied hospital facilities, Dr. Masters [Michael Sheen] tries to do orgasmic research at a brothel…
Police processing center, with the ubiquitous tank desks!
Tropicale Hotel …
Lobby of the Miami hotel where the Masters stayed…
Langham living room…
Proof that Dr. Langham is a family man, even if he doesn't seem to be…
Psychiatrist office…
Dr. Austin Langham [Teddy Sears] discusses his predicament with his psychiatrist [Alan Ruck]…
Scully anniversary party…
Libby Masters [Caitlin Fitzgerald] shares a giggle with Margaret & Vivian Scully [Allison Janney, Rose McIver]…
Scully house…
Margaret Scully [Allison Janney] and her blue & white ware collection…
Margaret Scully [Allison Janney] is surprised by her husband's [Beau Bridges] early return…
Barton Scully [Beau Bridges] in his bedroom…
Barton Scully [Beau Bridges] meets with prostitute Dale [Finn Wittrock] "one last time" …
Contemporary psychiatrist office…
Margaret Scully [Allison Janney] meets with her husband's psychiatrist re: concerns about electric-shock therapy…
African-American hospital…
Libby Masters [Caitlin Fitzgerald] alone with her newborn, at the end of Season 1…
Posh hotel…
Virginia Johnson [Lizzy Caplan] contemplates the next step, in the beginning of Season 2…
Ginny [Lizzy Caplan] and Bill [Michael Sheen] reconnect…
Hotel room, before…
Bill [Michael Sheen] tries to reassure Virginia [Lizzy Caplan] that his interest is simply scientific…
Hotel room, after…
Virginia [Lizzy Caplan] realizes there's more going on with Bill [Michael Sheen] than he admits…
Pioneers of the science of human sexuality, William Masters [Michael Sheen] and Virginia Johnson [Lizzy Caplan] are the center point of the lauded series MASTERS OF SEX. Their research touched off the sexual revolution, taking them from a Mid-western teaching hospital to the cover of TIME magazine. He is a brilliant scientist out of touch with his own feelings, and she is a single working mother ahead of her time. The series chronicles their unusual lives, romance, and unlikely pop culture trajectory.
The move from pilot to series is an interesting dance the best set decorators and production designers do so well that we don't actually notice the small and huge differences in the sets! For MASTERS OF SEX, the entire production was moved from New York to Hollywood, offering even greater challenges.
Set Decorator Halina Siwolop SDSA takes us through the rebirthing process and describes how the seeds are incorporated into a full season of incredible sets, then gives us a hint of the new season that is beginning to unfold!
SET DECOR: The pilot was shot in New York, with Ellen Christiansen SDSA as Set Decorator, Rena DeAngelo SDSA as Buyer and Andrew Jackness as Production Designer. However, except for that first episode, the entire season was filmed in Los Angeles with you as Set Decorator, Eva Firshein as Buyer and Michael Wylie as Production Designer, and you are now currently immersed in filming the second season. Please tell us the backstory to this!
Set Decorator Halina Siwolop SDSA: Well, they had planned on doing the series in New York, but the actors wanted to stay home so they pushed to have the show transferred here to Los Angeles. We were then hired on as the new design team for the series. There were certain elements that we needed to replicate or keep similar, so there wouldn't be a big jarring difference between the pilot and the rest of the season.
The most obvious set to keep constant with the look of the pilot was the hospital, Washington University Maternity Hospital, St Louis, Missouri. The pilot was shot mostly on location, but since we had the luxury of building all of our sets, we could change them to fit our needs and improve on the location's basic look. There were so many details we had to acquire and add in… all the fixtures, the vintage drinking fountains, medical equipment…but we tried to keep it similar to the look of the great old hospital they used in NY.
We also tried to keep the same look of Masters' house, but Michael completely re-designed it and changed the floor plan. If anyone were to look very closely, the pilot had a sunken living room and ours is on a raised platform, with a lower bar area and mini-office leading to the entry. But the orientation of the kitchen to the living room is the same, and since that's mostly what you saw in the pilot, the transition of the look worked really well.
We did have a lot of the furniture inventory from the pilot, which we incorporated into our sets. We tried to reuse and repurpose as necessary. For instance, Ellen had a great sofa and chairs for the living room that we reused, but then we had to fill in the rest of the room with our own purchases.
The kitchen was all new. The one for the pilot was much smaller, more of a galley kitchen from what I could see from location photos, and had different appliances. That gave us the leeway to start with a fresh look. Michael designed a larger, more camera friendly space and then we added our own design elements. I started with a really great copper-front oven found at Sav-On Appliances and then had a cooktop painted to match. The curtains were all custom-made. We tried to keep their house pared down and not overly decorated, almost a sterile environment, which mirrors Bill Masters' very controlled persona. The fun part was using the wonderful mid-century color palettes and interesting style details of the period.
SET DECOR: And what about the other key character, Virginia Johnson's place?
Siwolop: We pretty much redesigned her entire apartment. You only saw her bedroom in the pilot, so we were able to alter the look drastically. Michael wanted to wallpaper the room, and that just changed the entire look and, of course, affected how I would decorate it. I reused some of Ellen's furniture, but painted the pieces in a period-correct way to make them pop off our new wallpaper.
SET DECOR: So, you're keeping the essence, but making it flow better into your look…
That's exactly what we were trying to do. We had the luxury of having more time to really finesse the show and see what worked best for the new design.
SET DECOR: Another signature set for the first season would be Masters' office, and it leads out to so much more! Could you tell us about the contrast between his and Dr. Lillian DePaul's office?
Siwolop: We kept his office true to the look of the pilot. The size and the orientation of furniture changed, but we used much of the furniture from the pilot. Again, we were working with tight budgets! I did bring in new artwork and redesigned his diplomas. We had learned that Masters was an airplane fanatic, so I added some vintage prints of airplanes to give his office a personal touch.
SET DECOR: And for the new season, there's an entirely new office in a different setting. Exciting that we have a preview photo to share!
Siwolop: Yes, his new office is in a newer, state of the art hospital, so we decided to push the design style to be very current for that time period, more modern.
SET DECOR: Meanwhile, for the first season, you also made some significant changes in the adjacent areas…
Siwolop: We wanted to keep the overall integrity of the hospital but had to make many changes once Michael started designing his version of the space. He reconfigured the adjoining secretary bullpen area, adding windows in the offices so that on camera you're getting much more depth in the set. We also designed an operating room with a viewing gallery, a cafeteria and numerous exam rooms and patient rooms.
SET DECOR: It visually informs on so many levels, particularly when we look at women's roles as reflected then. We get the view into DePaul's office through the bullpen…it's so diminished compared to his. And the "bullpen" area is filled with secretaries.
Siwolop: The difference between Masters' office and DePaul's office is very striking. He was the leading doctor at the hospital, with a lot of clout, and thus had a beautiful, spacious office with his own secretary. Dr. DePaul, on the other hand, was the only female doctor on the staff. Her office was relegated to just a section of the bullpen. With no frills and no personal secretary, she was basically pushed into the corner. It tells you a lot about what she faced being a woman in what was considered a "man's profession".
SET DECOR: Then there's the research room adjacent to Master's office, where the study on human sexuality is conducted, with individuals and couples filmed in states of arousal and copulation. Appropriate to the storyline, it seems to become more cohesive and developed as the study goes on…
Siwolop: Yes, as Masters and Johnson started to progress in their studies, their equipment and techniques also evolved. We worked closely with Propmaster Jeffrey Johnson and our med techs to resource the correct medical equipment specific to the study and the period.
There was a great set element in the pilot that I tried to match in the observation room, which was a built-in metal storage cabinet with glass-fronted doors, for housing medical equipment, towels and sheets. Alpha [Alpha Company prop house] had the perfect cabinets to replicate this, along with some of the medical components, and we lucked out in finding a set of matching exam tables and side tables at Angelus Medical that were already painted beautifully for our era!
SET DECOR: There was also a brothel, where they attempted to do research…
Siwolop: [Laughs] That was a really fun set that we shot on location in an old, Victorian house in Pasadena. We just took the look over the top and tried to add a lot more of the Victorian touches. We did this to make the idea of attempting medical research there seem that much more ridiculous. And they shot it well. You know, we can give the shooting crew lovely sets, but it only looks as good as our camera department shoots it…and our Director of Photography, Michael Weaver, is just amazing.
SET DECOR: Agree! You, Michael Wylie and Weaver quite rightly received Emmy recognition for your outstanding work on PUSHING DAISIES. That was a delightful fantasy series, the look was so delicious and lighthearted, and expansive in use of color and pattern. MOS is a biographical drama, a totally different look, and yet we can see some parallel aspects, in the depth of color choices, the design and the richness.
Siwolop: That's one of the things that is truly delightful about working with Michael Wylie. He always has a really thrilling, rich color palette, and he and I both love to use a lot of layers of pattern. For instance, in Virginia Johnson's house, particularly in her bedroom and her living room, we tried to do lush, deep colors and patterned wallpaper and fabrics to make it fun and interesting, just like her character.
SET DECOR: Sometimes the "character" is a place and a time, as in the 1950s maternity surgical suite you mentioned earlier. The attention to detail throughout the series is rather amazing, even when subtle. The hospital cafeteria, for example, a key gathering place set in time…
Siwolop: Well, the cafeteria posed a problem, because I needed to find a number of matching vintage tables that were also in good condition! I researched some vintage tables with an inset of Formica and edged with a metal strip, which were perfect but were nowhere to be found. But I was at Advanced Liquidators one day…another great resource…and they had a credenza that had that same sort of element on top. So I took a picture, showed it to Wylie and he loved that look, but then we had to figure out, "How do we do this?" We bought some standard restaurant bases, and with a joint venture between our construction and paint departments, we built tabletops and then applied vinyl and metal strips to them. And there you go – new, 1950s era tables. They went perfectly with a batch of chairs that came from the pilot inventory.
SET DECOR: And you have so many sets with multiple chairs: meetings, conferences, dinners, parties…
Siwolop: Truckloads! My favorite large scene has been the Scully anniversary party, which was shot at the Wilshire Ebell. I thought it looked so gorgeous the way they shot it.
SET DECOR: It seemed exactly right for the time…
Siwolop: We shot the heck out of the Ebell! So many rooms fit the look of our show.
[Editor's note: The Ebell Theatre and Club, built in 1927, is a classic setting in the museum district of LA. Anyone who has worked in Hollywood has probably shot there at least once!]
Like everyone else, I love the Ebell, but when you shoot on location, there are always challenges regarding what you can or cannot do to the location. We couldn't drill into the main ballroom walls to hang drapery, so we made freestanding structures and tacked the curtains to them. We created a bandstand and dance section and separate areas where they could sit and dine. In our show, it's all about lighting and flowers. And smoke. Cigarette smoke. Lots of it.
SET DECOR: So, you must use a lot of ashtrays on this show…
I have an ashtray on every single set! I even have them in the patient rooms in the hospital. We really do put them everywhere. Interestingly, the hard thing for me to find is a selection of really great vintage lighters. I'm doing a house right now in Hancock Park and, thankfully, we just found 5 great lighters. They're going to be everywhere in the house, near an ashtray. That's what we do on this series.
SET DECOR: It was an accepted part of life then. Are there other constant set elements that apply to the period?
Telephones! I know more about phones than I ever thought possible. I know the difference between the Series 300 and the series 500… and when you could accurately introduce the plastic dial versus the metal dial. We do a lot of research and are adamant about getting the details correct. But there came a time where I had to say, "At this point, we just need a phone on the set. I know it's not supposed to have a plastic dial, but please put one in anyway."
SET DECOR: Now someone is going to search through every episode to find that one plastic dial! Did you go to History for Hire for the phones or did you need to purchase them?
We definitely have many pieces from H4H, but we did need to buy several phones, especially for our permanent sets. My buyer, Eva Firshein, had a source from when she worked on the film ARGO—a gentleman who collects vintage phones and even has complete phone systems! We bought about 15 phones from him. It was lovely!
SET DECOR: That's fabulous, to find that arcane collector that fits in when you're trying to do period. Speaking of collectors, there's a great collection of blue & white ware in the Scully house, which gives us a deeper insight into the character Margaret Scully [Allison Janney]. She is from the previous generation, classic and classy, the perfect provost's wife. Her daughter is now grown and she's feeling a bit unfulfilled.
Yes, Michael wanted her to have some kind of an obsessive collection and he came up with the idea of the blue and white porcelain objects. It's as if she has this shopping habit she has to keep feeding, so we loaded her up with all these lovely pieces.
SET DECOR: It's just a little built-in nook, a background piece, but the shapes, the lighting are so effective. It defines her very well.
There are two other sets that don't directly belong to a specific character, but divulge much about her. Libby Masters [Caitland FitzGerald] is initially in a somewhat uncomfortable patient room at her husband's hospital re: her infertility, and the last scene of the first season shows her in a bed in the ward of a hospital she wasn't supposed to be in, holding her newborn child. No one else knows she's there. Both times, she's assessing her life…and the sets themselves are such a profound statement of that.
That's a really good observation. In the storyline, she consults with one of her husband's colleagues, and ends up having to see him in the pediatric wing. So we turned one of our patient rooms into a pediatric consultation room. That actually had a couple of design incarnations. Wylie finally came up with the concept of clowns, because there's something both funny and sad about clowns.
And for that last scene, where she's at the African-American hospital, we just tried to make it really kind of desolate and lonely. The pieces we brought in are obviously of an older vintage, and that was a definite conscious choice to show the difference between the well-funded maternity hospital and where she ended up.
SET DECOR: Everything has the rounded corners of another era. It all frames her and the situation so beautifully.
Which leads us into the new season that is just beginning. The first episode of the second season opens with Masters and Johnson in a hotel, and we see more of the Scully house and the extremes of his treatment. The critics immediately applauded the depth that the series has maintained in look, story and characterizations. An exciting way to start the new season!
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How to use 'a few days' in a sentence
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…Šírl and Zenit St. Petersburg agreed to the mutual termination of his contract on 7 September 2010. A few days later, Šírl signed a two-year contract with Mladá Boleslav.
…Ōyama is said to have asked Fenton to make the melody for it; but some later complained that there was too much similarity with a Satsuma lute tune. The melody was composed and was performed before the Emperor in 1870. As it happened, Fenton had only three weeks to compose the music and a few days to rehearse before performing the anthem to the Emperor.
Novi Beograd. Đinđić escaped injury thanks to his security detail. Milenković was arrested, but released from custody after only a few days. The investigative court explained their decision to release Milenković by stating that he was a salesman whose business suffered from his absence.
…Čokot is a village situated in Niš municipality in Serbia.The famous actor Robert De Niro spent a few days in this village sometime in the 60s before he became a famous actor.
…Íñigo López de Mendoza y Quiñones died in Granada on 20 July 1515 having a few days before given his final testament to Juan de Luz, son of an artillery man and resident of the Alhambra Gonzalo de Luz.
…Émile Lisbonne (20 June 1876 – 21 December 1947) was a French lawyer and Radical politician. He was briefly Minister of Health in 1933, and again for a few days in 1934.
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… a permit to marry Connolly. While it's not clear how much this helped, they surprisingly received a permit a few days later.
Zárate completed a move to Lazio on 5 July 2008. He joined initially on loan, for €2.4 million, with Lazio having an option to make the deal permanent, and following a successful medical he was presented to the media a few days later.
… settle on a surface. Others produce larvae that have little yolk but swim and feed for a few days before settling. After settling, all larvae undergo a radical metamorphosis that destroys and rebuilds almost all the internal tissues.
… the club from Thessaloniki he made one appearance during the group stage of the UEFA Cup against Shakhtar Donetsk. After that he played for Panionios, AEK Larnaca and Ionikos FC. On 8 January 2009 Zografakis signed with Bulgarian side FC Vihren Sandanski. He made his team debut a few days later, in a friendly match against Lokomotiv Plovdiv.
… while in hiding. After a few days she met with Mrs. Sabina Zawadzka once more and formally entrusted her daughter to her. She gave Mrs. Zawadzka her ghetto notebook, and returned to Drojek to join her husband Jakub and her parents; they stayed there for two months.
… next person in the presidential line of succession. Due to the resignation a few days earlier of Vice President Hoynes, the Speaker of the House, Republican Glen Allen Walken, becomes Acting President of the United States. Zoey is recovered with only minor injuries several days later and President Bartlet reassumes his office shortly thereafter.
… 2007-08 season on May 10, 2008 in a 2-2 away draw against Beroe. A few days later, he had a trial with Dynamo Kyiv, but did not do enough to secure a contract with the Ukrainian club. In June 2008, Zlatkov was sent to Pirin Gotse Delchev on…
… reaching the 2002 FIFA World Cup.Stones were thrown at Weah and his teammates after the match and the Liberia star, incensed by the behaviour of the fans, announced his retirement – a decision he rescinded a few days later.
Zieten met his old teacher, Batthyány, during the First Silesian War and defeated him at the Battle of Rothschloss. The chivalrous Austrian sent him a complimentary letter a few days later, and General Hans Karl von Winterfeldt, who had been in command at Rothschloss, reported upon his conduct so favorably that Frederick marked him for future high command. Within a year he was colonel and proprietor of the newly-formed Hussar Regiment, the Zieten Hussars, the second Hussar…
Ziegfeld died in Hollywood, California on July 22, 1932, from pleurisy, related to a previous lung infection. He had been in Los Angeles only a few days after moving from a New Mexico sanitarium. His death left Burke with substantial debts, driving her toward film acting to settle them. He and Burke are interred in Kensico Cemetery in Valhalla, New York.
Zia finds Karana in the same cave in which she and Mando had hidden the boat they found at the beginning of the book. A few days later, Karana dies.
… recognises Lu Zhishen. The conflict between Lu Zhishen and Zhou Tong is resolved when Li Zhong manages to convince Zhou to give up on marrying Squire Liu's daughter. Lu Zhishen stays with Li Zhong and Zhou Tong for a few days and leaves later.
Lu Zhishen. The conflict between Lu Zhishen and Zhou Tong is resolved when Li Zhong succeeds in convincing Zhou to give up on marrying Squire Liu's daughter. Lu Zhishen stays with Li Zhong and Zhou Tong at their stronghold for a few days before leaving.

redpajama_set_name: RedPajamaCommonCrawl


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Shapiro S. & Carlson L.The Art & Science of Mindfulness (American Psychological Association 2009)
Kabat-Zinn J. Full Catastrophe Living (Delta 1990)
Kabat-Zinn J. Wherever You Go, There You Are (Hyperion 2005)
Stop, Breathe and Think
Mindfulness Training App
Mindfulness Research Monthly
Center for Mindfulness
Articles (Mindfulness for Caregivers):
Krasner, M., Epstein, R. et al (2009). Association of an Educational Program in Mindful Communication with Burnout, Empathy and Attitudes Among Primary Care Physicians. JAMA. September-Vol 302, No 12
Amutio, A et al (2014). Enhancing relaxation states and positive emotions in physicians through a mindfulness training program. Psychol Health Med. Dec: 1-12.
Flook, L. et al (2013). Mindfulness for Teachers: A Pilot Study to Assess Effects on Stress, Burnout, and Teaching Efficacy. Mind, Brain & Education. 7(3) 182-195.
Articles (Mindfulness for Medical Conditions):
Carlson, L.E. (2012). Mindfulness-Based Interventions for Physical Conditions: A Narrative Review Evaluating Levels of Evidence.
ISRN Psychiatry. Article ID 651583
Goyal et al (2014) Meditation Programs for Psychological Stress and Well-being: a Systematic Review and Meta-Analysis. JAMA Intern Med. 2014 Mar; 174(3): 357-68.
Davidson, R. and Kabat-Zinn et al (2003). Alterations in brain and immune function produced by mindfulness meditation. Psychosomatic Medicine, 4, 564-70
Hoffman, S.G., Sawyer, A.T., Witt, A.A., and Oh, D. (2010). The Effect of Mindfulness-Based Therapy on Anxiety and Depression: A Meta-Analytic Review. J Consult Clin Psychol. 78(2): 169-183.
Segal, Z et al (2010). Antidepressant Monotherapy vs Sequential Pharmacotherapy and Mindfulness-Based Cognitive Therapy, or Placebo, for Relapse Prophylaxis in Recurrent Depression. Arch Gen Psychiatry, 67(12):1256-1264.
Health Coaching and Positive Psychology
Biswas-Diener, R. Practicing Positive Psychology Coaching (John Wiley & Sons 2010)
Lewis, Michael (editor). The Handbook of Emotions (The Guildford Press 2008)
Institute of Coaching, Harvard Medical School Affiliate instituteofcoaching.org
International Positive Psychology Association ippanetwork.org
Frederickson B. & Branigan, C.(2005). Positive Emotions Broaden the Scope of Attention and Thought-Action Repertoires. Cognition and Emotion, 19, 313-332.
Frederickson, B. (2001) The Role of Positive Emotions in Positive Psychology. Psychol. March; 56(3): 218-226


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AFP > 2014 > March > Necrobiosis lipoidica
Volume 43, Issue 3, March 2014
Necrobiosis lipoidica
Daniel Rodriguez-Muñoz Andrés González-Garcia Emiliano Grillo Pedro Jaén Olasolo
Necrobiosis lipoidica presents with a distinctive appearance making it an important clinical diagnosis.
To describe a case of necrobiosis lipoidica in a patient with type 1 diabetes mellitus, and to discuss differential diagnoses and management.
Necrobiosis lipoidica is most commonly found on the shins, presenting as a well-defined plaque. Management is challenging and options are discussed. Avoiding ulceration is a key concern.
Figure 1a. Brownish, sharply demarcated, indurated plaque on the right shin. Three similar smaller lesions can be observed on the left shin
Figure 1b. A close-up view of the plaque. Telangiectatic vessels can be observed on a yellow background
The lesions observed in the patient are typical, which allowed us to make the clinical diagnosis of necrobiosis lipoidica (NL). NL usually presents as small papules or nodules that expand sharply into red-brown-to-yellow plaques that are typically located on the anterior pretibial region. The lesions have a violaceous, irregular border that may be raised and indurated. Commonly, telangiectasias are visible, taking on the characteristic 'glazed-porcelain' sheen.
In 1932 Urbach coined the term necrobiosis lipoidica diabeticorum for this disease because it was first described in patients with DM. As it can also appear in non-diabetic patients, the term was shortened to NL. Mean age of onset is 30 years and the incidence is three times higher in women. The prevalence of NL has been reported in different studies to be around 1–2% of patients with type 1 DM.1
Although lacking complete concordance, NL has a solid association with DM and remains a valid marker of the disease. About one-third of patients with NL have DM, and about two-thirds have glucose tolerance abnormalities.2 However, the presence of this skin lesion does not correlate with the level of glycaemic control.1
Granuloma annulare (GA) is a relatively common disorder. Superficial annular lesions can resemble NL. However, GA lesions lack the typical fatty appearance of the yellow NL plaques.
Erythema nodosum is an inflammation of the fat cells in the subcutaneous tissue. Erythema nodosum presents with bilateral, tender, erythematous nodules that lack epidermal change, atrophy or ulceration.
Necrobiotic xanthogranuloma is a very rare, chronic, progressive granulomatous disorder that manifests as yellowish plaques and nodules that can resemble NL. However, in contrast to NL, necrobiotic xanthogranuloma typically presents periorbitally and is associated with paraproteinaemia.3
Sarcoidosis is mainly a diagnosis of exclusion. Although the hallmark of sarcoidosis is a granulomatous plaque, cutaneous lesions rarely ulcerate or show atrophy.
How to make the diagnosis
Diagnosis of NL is usually made clinically, but a skin biopsy might be necessary in atypical lesions. Laboratory findings are unhelpful in the diagnosis of NL. Given the relationship between NL and impaired glucose regulation, patients should be screened for diabetes.4
At present, only small, uncontrolled trials and case reports provide guidance for the management of this disorder. Most authors consider the early application of potent topical glucocorticoids, monitoring for excessive atrophy, as first-line treatment (evidence level: C – expert opinion).5 Intralesional injections of glucocorticoids in the active border have been reported to be useful, although the risk of ulceration with this treatment modality should be considered (evidence level: C).5
Isolated reports support the use of topical retinoids and topical psoralen combined with ultraviolet A (PUVA) treatment.6,7 Recently, photodynamic therapy has been described as another option for the management of NL.8
Calcineurin inhibitors have also been used successfully in some cases. Their effectiveness seems to be higher in ulcerated lesions.9 Similarly, cyclosporine (2.5 mg/kg/day)10 has also been used successfully in ulcerated lesions. The mechanism of action is similar to that of calcineurin inhibitors, preventing T-cell activation.
Aspirin and dipyridamole have produced variable results.11 Other drugs that have been used are clofazimine,12 ticlopidine13 and nicotinamide.14
Various types of laser treatment have been described (pulsed dye laser, CO2 fractional laser);15,16 however, scientific evidence for the effectiveness of these treatments is still too scarce to formally recommend them.
Unfortunately, none of the proposed treatments has achieved a sustained effective response. Surgical excision down to the fascia and split thickness skin grafting remain as the last treatment option for recalcitrant ulcers in NL.17
In some cases, owing to the benign nature of the lesions, a conservative 'wait and see' strategy is also acceptable. In all patients, the focus should be on prevention of ulcers. In the event of ulceration, wound care principles for all diabetic ulcers apply.
The main and most serious complication is ulceration, which occurs on the legs in about one third of NL cases. In addition, a few cases of squamous cell carcinoma on chronic ulcerative lesions of NL have been described.18
Given the risk of ulceration, we decided to treat our patient with 0.1% topical tacrolimus. Clinical improvement was slight but the lesions remained stable. After a 1-year follow up, the disease is controlled and has not become ulcerated.
Our case shows a patient with DM who developed typical lesions of NL. The therapeutic management of these lesions is difficult. Our efforts should focus on preventing ulceration and if possible improve aesthetic appearance.
Pavlovic MD, Milankovic T, Dinic M, et al. The prevalence of cutaneous manifestations in young patients with type 1 diabetes mellitus. Diabetes Care 2007;30:1964–67. Search PubMed
Hawryluk E, Izikson L, English J. Non-infectious granulomatous diseases of the skin and their associated systemic diseases: an evidence-based update to important clinical questions. Am J Clin Dermatol 2010;11:171–81. Search PubMed
Lam K, Brownstein S, Jordan DR, van der Jagt R, Jastrzebski A, Dionne MA. Bilateral Necrobiotic Xanthogranuloma of the Eyelids Followed by a Diagnosis of Multiple Myeloma 20 Years Later. Ophthal Plast Reconstr Surg 2012 Dec 14 [Epub ahead of print]. Search PubMed
Muller SA, Winkelmann RK. Necrobiosis lipoidica diabeticorum: a clinical and pathological investigation of 171 cases. Arch Dermatol 1966;93:272–81. Search PubMed
Erfurt-Berge C, Seitz AT, Rehse C, Wollina U, Schwede K, Renner R. Update on clinical and laboratory features in necrobiosis lipoidica: a retrospective multicentre study of 52 patients. Eur J Dermatol 2012;22:770–75. Search PubMed
Heymann WR. Necrobiosis lipoidica treated with topical tretinoin. Cutis 1996;58:53–54. Search PubMed
De Rie MA, Sommer A, Hoekzema R, Neumann HA. Treatment of necrobiosis lipoidica with topical psoralen plus ultraviolet A. Br J Dermatol 2002;147:743–47. Search PubMed
Heidenheim M, Jemec GB. Successful treatment of necrobiosis lipoidica diabeticorum with photodynamic therapy. Arch Dermatol 2006;142:1548–50. Search PubMed
Clayton TH, Harrison PV. Successful treatment of chronic ulcerated necrobiosis lipoidica with 0.1% topical tacrolimus ointment. Br J Dermatol 2005;152:581–82. Search PubMed
Stanway A, Rademaker M, Newman P. Healing of severe ulcerative necrobiosis lipoidica with cyclosporine. Australas J Dermatol 2004;45:119–22. Search PubMed
Eldor A, Diaz EG, Naparstek E. Treatment of diabetic necrobiosis with aspirin and dipyridamole. N Engl J Med 1978;298:1033. Search PubMed
Mensing H. Clofazimine--therapeutic alternative in necrobiosis lipoidica and granuloma anulare. Hautarzt 1989;40:99–103. Search PubMed
Rhodes EL. Necrobiosis lipoidica treated with ticlopidine. Acta Derm Venereol 1986;66:458. Search PubMed
Handfield-Jones S, Jones S, Peachey R. High dose nicotinamide in the treatment of necrobiosis lipoidica. Br J Dermatol 1988;118:693–96. Search PubMed
Moreno-Arias GA, Camps-Fresneda A. Necrobiosis lipoidica diabeticorum treated with the pulsed dye laser. J Cosmet Laser Ther 2001;3:143–46. Search PubMed
Buggiani G, Tsampau D, Krysenka A, De Giorgi V, Hercogová J. Fractional CO2 laser: a novel therapeutic device for refractory necrobiosis lipoidica. Dermatol Ther 2012;25:612–14. Search PubMed
Owen CM, Murphy H, Yates VM. Tissue-engineered dermal skin grafting in the treatment of ulcerated necrobiosis lipoidica. Clin Exp Dermatol 2001;26:176–78. Search PubMed
Lim C, Tschuchnigg M, Lim J. Squamous cell carcinoma arising in an area of long-standing necrobiosis lipoidica. J Cutan Pathol 2006;33:581–83. Search PubMed
Also in this issue: Neurology
Updated guidelines for the management of sports-related concussion in general practice
Epilepsy in adults
Management of chronic headache
Epilepsy in pregnancy. A collaborative team effort of obstetricians, neurologists and primary care physicians for a successful outcome
Approach to low back pain. Physiotherapy
What is the optimal level of vitamin D?. Separating the evidence from the rhetoric
Diagnosis and management of zoonoses. A tool for general practice
Quality of care measures in multimorbidity
An audit of chronic hepatitis B contact tracing in metropolitan Western Australia
Wound care costs in general practice. A cross-sectional study
Primary care monitoring of depressive symptoms in young people
Shared medical appointments. An adjunct for chronic disease management in Australia?
The art of communication
Printed from Australian Family Physician - https://www.racgp.org.au/afp/2014/march/necrobiosis-lipoidica


Rosemary Nankabirwa, one of the best female news anchors that made youths and middle aged men start watching night news, died on Sunday in Agha Khan Hospital, Nairobi. She was 37.
The cause of her death was adrenal cancer, a disease she battled since early December last year. Her mother Mrs. Rebbecca Kibirige said Doctors diagonised her daughter with adrenal cancer at Mulago in late December last year.
Former, NTV Uganda Farai Mwakutuya, who co- anchored with her on News at 9 said "she will be forever be remembered as one of the best there has ever been." He described her as the highlight of his days having got the honour and privilege to work alongside her.
"We used to joke in the newsroom and I want to point a day when Kato joked the word "nonsense" and we burst into laughter," said Andrew Ariko after hearing that Rose had passed on.
In a society where beautiful women were thought to be feeble minded, Rose disproved that. Nanks, as Ernest Bazanye called her in his articles, was a woman who almost knew everything. "I consider myself a person of considerable intelligence and I am …….trust me … able to read a bill and comprehend it," she boasted on one of her word press blogs.
Nankabirwa joined the media industry in around 2005; she was the first female Ntv news anchor a company she joined in 2006 after leaving Wavah Broadcasting services WBS. She technically changed the face of news anchoring for women. "She demonstrated ability to read news with passion. She demonstrated to us that a woman could do it equally the same as a man," commented one of her former bosses.
Many students were inspired by Nankabirwa, she was that news anchor you watched and wished there could be like her. She was smart always, wearing her suits, smiling and she owned the moment. To her anchoring wasn't a task, it was a hobby. "Thank you for being and inspiration to many of us. My days at University watching you as a anchor paid off," said Sheila Nduhukire.
If you doubted her faith in God, then it's high time your view changed. Even on her death bed, Pinky prayed to the lord to save her, she wore a rosery and was a staunch catholic, she believed that the lord would save her, when most people get some little energy they either eat or ask their loved ones to come and be by their side. When Rose found some little power, she thanked the lord to save her. "Jesus save me" were the last words as the lord took her soul to rest. "She first closed her eyes, and after 10 minutes, she gained some energy and said Jesus save me. Immediately, she breathed her last," said Catherine Nayiga, Nankabirwa's sister.
"When I read for her the letter from a 5-year-old girl a pupil of Rohana Academy who sent her sh20,000 she had got from a 'rat' after removing her tooth, she became strong and promised me that she was going to fight on" said her sister Cathy.
Although many disputed her age with some claiming she was older than 37, Rose never said a word, she knew she was young, lively and she had a whole world to herself and to her that meant everything. Maybe she discovered she had cancer some years back but she kept it to herself because she didn't want her loved ones to worry, her mother only knew last year that her daughter had cancer when she was tested at Mulago.
Rosemary Nankabirwa was born January 3, 1978.
Back in Uganda, Nankabirwa worked for Kampala FM, in 2005, WBS television and later joined NTV in 2006.
She once worked as a computer programmer but quit after a year and then joined Kampala Fm as a reporter and presenter where she left after one year and joined television. She the joined WBS television as a news anchor on Lunch time News, did a breakfast show and prime news. She was also an editor with WBS.
She joined NTV in 2006 as a News at 9 anchor and reporter. She was also the presenter of a business magazine that aired weekly.
At the time of her death she was pursuing a degree in journalism at the University of London in the UK.
Preparations for her requiem will be today at 2 in the afternoon at Christ the King and funeral will be in Masaka on Wednesday according to her brother Robert.


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World leaders still plan to attend the opening day of UN climate talks in Paris despite last Friday's terror attacks, the UN's top climate official told media on Wednesday.
"We are expecting them to come," said Christiana Figueres, "If anything we are quite impressed with the definitive responses the presidency is getting." The French government says over 120 have confirmed attendance.
Plans for the conference were "on track" said Figueres, despite ongoing security threats in and around Paris since the attacks that left 129 dead.
But she acknowledged that planned events outside the main UN compound in Paris were under review. "That is still in the works," she said, referring to French government deliberations.
Late on Wednesday organisers of the 'Global Climate March' scheduled for 29 November in the French capital were told it could not go ahead by the government.
"The government can prohibit these demonstrations, but our voices will not be silenced," said Nicolas Haeringer, a campaigner with the 350 group.
Xi Jinping and Narendra Modi are among leaders pencilled in for the first day of talks, a strategy organisers hope will give the 2 weeks of negotiations added momentum.
And despite heavy criticism over his support for the talks from Republicans, US president Barack Obama is also primed to attend the meeting.
"I'm optimistic that we can get an outcome that we're all proud of, because we understand what's at stake," he told an Asia-Pacific summit in the Philippines on Wednesday.
Figueres said she wanted leaders to offer a "vision of transformation" when they addressed the conference, and explain how their governments intended to accelerate green growth.
"It needs to take place in the next few decades," she added.
New data from US climate agency NOAA released this week indicates October 2015 was the warmest in 136 years, continuing a record-breaking trend this year and adding a layer of urgency to a new UN deal.
It was the sixth consecutive month a monthly global temperature record has been broken and the "greatest departure from average for any month in the 1630 months of record keeping" said NOAA.
Figueres was speaking at the launch of a new UN report – Climate Action Now – outlining the scientific case for tackling greenhouse gas emissions and offering a series of low carbon case studies.
Potential co-benefits from slashing emissions include new jobs, poverty reduction, improved public health and greater food security, it said.
Warming above the 2C danger zone would likely be locked into the global climate by 2045 said the study, if emissions continue to rise unabated.
An ambitious Paris climate deal could radically change that outlook, said Figueres, predicting finance flows to clean energy would "accelerate" as countries started to implement national climate plans.
Still, global ambition would need to improve to safeguard the future of small island states and other climate vulnerable countries, she added.
"1.5C is the temp that many of most vulnerable feel is the maximum that they would be able tolerate," she said.


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text:
OpinionSummariesCase details
Tucker v. Missoula Light & Railway Co.
Pompey v. General Motors Corp.
osed by statute, the remedy provided for enforcement of that right by the statute for its violation and…
McDonald v. State
Yet Montana has always protected, by law and the decisions of this Court prior to 1972, and by the Montana…
Full title:TUCKER, RESPONDENT, v. MISSOULA LIGHT RAILWAY CO., ET AL., APPELLANTS
Court:Supreme Court of Montana
Date published: Oct 4, 1926
250 P. 11 (Mont. 1926)
250 P. 11
Supreme Court of Montana
In Tucker v. Missoula Light Water Co. (1926), 77 Mont. 91, 250 P. 11, Tucker was entitled to 377 miner's inches out of Rattlesnake Creek, north of Missoula, and the Missoula Light Water Co., which supplied water to the City of Missoula, had total rights to 2,676 miner's inches.
Summary of this case from McDonald v. State
See 2 Summaries
No. 5,962.
Submitted September 16, 1926.
Decided October 4, 1926.
Water Rights — Diversion of More Water Than Needed — Remedies — When not Exclusive — Water Commissioner — Burden of Proof — Damages — Excessive Verdict — Appeal and Error — Correctness of Judgment — Presumptions. Water Rights — Impairment — Water Commissioner — Statutory Remedy not Exclusive. 1. Under the rule that a special statutory remedy is not exclusive but cumulative only, unless the intention to make it so is clearly manifest or it is entirely adequate for the protection of pre-existing rights, held, that Chapter 27, Part. IV, Civil Code [secs. 7136 et seq., Rev. Codes 1921] providing for the appointment of a water commissioner and prescribing his duties and powers, does not provide an exclusive remedy for one whose water rights have been impaired and therefore does not preclude him from maintaining an action for damages. Same — Failure to Install Headgates — Effect on Right of Plaintiff to Complain. 2. Section 7151, Revised Codes, requiring the installation of headgates and measuring boxes in ditches by persons using water from a stream under a decree where a water commissioner has been appointed, is in the nature of a police regulation, under which the commissioner may refuse to distribute water to one who fails to do so, but does not license a stranger to appropriate water to his own use therefrom merely because an owner of a right has not complied with such requirement. Same — Right of Owner to any of Several Ditches. 3. Where an owner of a water right had several ditches for the irrigation of his lands, he had a right to use any of them at which he had a headgate so long as other users were not injured thereby. Actions — Burden of Proof. 4. Under section 10616, Revised Codes of 1921, the party asserting a right in any case has the burden of proving each of the material allegations of his cause of action. Water Rights — Extent of Right of Owner. 5. Neither the appropriator of water nor one to whom a right is decreed owns the corpus of any part of the flow of a stream; he is entitled only to the beneficial use of the amount of water called for by his appropriation or the decree when he has need therefor, provided his distributing system has a sufficient capacity to carry that amount; if incapable of carrying that amount, his right is measured by the capacity of his system of distribution regardless of his needs. Same. 6. Where a party who has all the water his necessities require or that his ditches will carry it is immaterial that he has a right, under decree or otherwise, to a greater flow from the stream; he must permit the excess to remain therein or, having diverted it, return it thereto in such a manner that it will be available to subsequent appropriators. Same — Defendant Diverting More Water Than Needed — Burden of Proof. 7. In an action for damages for the wrongful diversion of water against a company supplying a city with water, brought on the theory that it diverted more water than it could convey to the city and permitted the excess to run over the spillway at its dam, plaintiff had the burden of proving his need for water as well as his right thereto, his ability to use it through his system of distribution, and also that defendant diverted more water than its needs required or its pipe-line could accommodate, regardless of its decreed rights to a greater flow. Appeal and Error — Presumption of Correctness of Judgment. 8. On appeal in a case in which the sufficiency of the evidence is challenged, every presumption is in favor of the correctness of the judgment, and in aid of that presumption every legitimate inference must be drawn from the evidence. Water Rights — Evidence — Sufficiency. 9. Evidence reviewed and held to support the judgment in favor of plaintiff, it appearing that plaintiff had the right to the use of a certain number of inches; that he had need for that amount, with ample means for its use; that there was more than enough water in the stream to supply all prior rights as well as his own; that defendant diverted an amount far in excess of what it could use, and that but for such wrongful use plaintiff's crops would have been saved. Same — Quantum of Water Necessary Per Acre — Question of Fact. 10. The question as to what amount of water is necessary per acre for irrigation is one of fact and never one of law, notwithstanding the adoption of the rule generally in this state to allow an inch to the acre, in the absence of evidence warranting a greater or less award. Same — Wrongful Diversion — Damages — What not Proper Element. 11. The purchase price of land or its value cannot affect the value of crops raised thereon, hence the contention that the verdict in an action for damages for the wrongful diversion of water was so excessive that it must have been given under the influence of passion and prejudice, since the damages for a partial loss of crops exceeded the purchase price of the land including the water right, cannot be sustained. Same — Excessive Verdict — When Contention not Maintainable. 12. Where witnesses for plaintiff, who had verdict, testified that his crop losses suffered by the wrongful diversion of water to which he was entitled, amounted to as much as $45,000, and defendant did not attempt to show how that amount could be reduced to one less than the verdict, $22,726.90, the award cannot be said to have been excessive.
Appeal from District Court, Missoula County; Theodore Lentz, Judge.
Mr. Fred J. Furman and Mr. W.M. Bickford, for Appellants, submitted a brief; Mr. Furman argued the cause orally.
Mr. S.P. Wilson and Messrs. Mulroney Mulroney, for Respondent, submitted a brief; Mr. Wilson argued the cause orally.
MR. JUSTICE MATTHEWS delivered the opinion of the court.
Appeal from a judgment on verdict in the sum of $22,726.90 damages for the wrongful and unlawful diversion and use of water during the irrigating seasons of 1922, 1923 and 1924.
The complaint contains three causes of action, one for each of the years mentioned, which are practically identical, except as to the dates and the damages alleged to have been suffered. Each cause of action alleged that at the times mentioned plaintiff was in the lawful possession of 1,356 acres of land in sections 2, 11, 12, 13 and 14, in township 13 north of range 19 west in Missoula county, of which 175 acres were arid agricultural lands requiring water for irrigation, but which, with proper irrigation, would produce abundant crops of hay, grain and corn; that in each of said years approximately 150 acres of this land were seeded to grain as a nurse crop, and with such seed was also sown alfalfa seed, and approximately 18 acres thereof were planted to corn; that appurtenant to said land, and for the irrigation of said crops, plaintiff was entitled to the use of 377 miner's inches of the waters of Rattlesnake Creek, which stream passed through said lands, and that at all times mentioned in the complaint the flow of said creek was sufficient to supply the rights of plaintiff after those of all prior appropriators were satisfied. Each of said causes of action then alleged that on the first day of July of the year mentioned all of said crops were in good condition, and had had sufficient irrigation, but then required further water, with which the land would have produced bountiful crops. It is then alleged in each of said causes that, on or about the first day of July of the year mentioned, the defendant closed plaintiff's ditches, and wrongfully and unlawfully diverted all of the water to its own use, and refused to permit plaintiff to take or to use any of the waters of said creek, though he repeatedly requested and demanded the same, and that by reason of such wrongful and unlawful acts of the defendant all of such crops, in each of said years, were destroyed, to plaintiff's damages in sums aggregating approximately $47,000.
By answer the defendant denied all of the above allegations, and set up an affirmative defense to each of the causes of action contained in the complaint. Each of these separate defenses pleaded a judgment and decree of the district court of the fourth judicial district rendered in 1903, fixing and determining the water rights and priorities thereof in and to the water of Rattlesnake Creek, and alleged that said decree had become final and was binding upon plaintiff, and that, under said decree, defendant was entitled to the prior use of 2,676 miner's inches of said waters.
The affirmative defenses to the first and third causes of action are, with the exception of dates, identical. Each alleged that in the year mentioned a water commissioner was duly appointed, qualified and acting, and that under his distribution the defendant received no more water than it was entitled to under the decree; that the commissioner reported to the court, and his report was duly approved and became binding upon plaintiff. The period of this service in 1922 was given as from July 26, to August 25, and in 1924 as from August 9 to October 4.
As to the second cause of action, paragraph IV of the affirmative defense alleged that defendant was the owner of, and operated, a water system which furnished water to the people of the city of Missoula and vicinity for domestic, irrigation and other purposes, and that "such water so furnished and sold is and was necessary for all of the above purposes during all of the time or times herein mentioned."
Paragraph VI of said defense then alleged that the plaintiff did not, at any time during the season of 1923, notify defendant that he required water for irrigation; that no water commissioner was appointed for said stream; that plaintiff did not seek to secure such appointment, and that, by his failure "to avail himself of the rights and authority conferred upon him by law, * * *" plaintiff was precluded from complaining of his failure to obtain water in that year.
By his reply the plaintiff admitted the entry of the final decree pleaded and the appointment and service of a water commissioner in 1922 and 1924, as alleged; denied specifically the allegation that in those years the defendant received no more water than it was entitled to under the decree; affirmatively alleged that he was greatly in need of water prior to the distribution by the water commissioner; and denied generally all allegations contained in the answer not admitted in the reply. As to the affirmative defense to the second cause of action, the reply admitted that the defendant operated the water system which supplied water to the people of Missoula, and denied all other allegations of paragraph IV thereof, and specifically denied the allegations of paragraph VI set out above.
On the trial of the issues, the defendant introduced no evidence, and all of the testimony on behalf of the plaintiff stands uncontradicted, except as discrepancies may appear therein. At appropriate stages of the trial the defendant objected to the introduction of certain testimony; moved that certain evidence be withdrawn from the consideration of the jury; moved for judgment of nonsuit and for a directed verdict; and, after judgment, moved for a new trial. In each instance the court ruled against defendant's contention.
Defendant's brief contains fourteen specifications of error. Counsel, however, have contented themselves with a general argument, under three heads, in which they discuss certain questions raised by the objections interposed and the motions made and on the adverse rulings on which certain of these specifications are predicated, while other specifications are not argued, and, apparently, have been abandoned. The questions thus presented will be disposed of in logical order.
1. Specifications 1, 2 and 3 predicate error upon the [1] overruling of defendant's objection to the introduction of testimony on the ground that, as plaintiff did not avail himself of his statutory right to apply for the appointment of a water commissioner, he is in no position to complain that he did not get the water to which he was entitled under the decree fixing the priorities on the creek.
Chapter 27, Part IV, of the Civil Code of Montana, as it existed prior to its amendment in 1925 (Laws of 1925, Chap. 125, p. 215) governed the appointment of a water commissioner for adjudicated streams at all times mentioned in the pleadings. Section 7136, found in this chapter, provides for the appointment of such commissioner upon the application of the owners of at least ten per cent of the water rights affected by the decree.
The admissions in the pleadings establish the fact that the rights on Rattlesnake Creek had been decreed, but the record discloses that the decreed rights total in excess of 4,000 inches of water, and that the plaintiff was not the owner of ten per cent thereof. It is therefore apparent that the plaintiff, acting alone, could not have secured the appointment of a water commissioner, nor is it shown that he could have secured the co-operation of any other water user or users entitled to join in an application.
In their brief, counsel assert that "it is alleged and not denied, that it was the duty of the plaintiff to apply to the court * * * for a water commissioner in the year 1923," etc., and that, by failure to avail himself of his rights in this respect, he was thereafter precluded from complaining of any deprivation. The only allegation with reference to plaintiff's failure to act in 1923 is found in paragraph VI of the affirmative defense to his second cause of action, quoted in part above. That paragraph was denied in toto, and there is therefore no admission of such duty resting upon plaintiff. However, the allegation of such duty raised a question of law rather than fact.
Counsel for defendant assert that the water code of Montana is "so complete a remedy for all water uses and for all wrongful uses of water on an adjudicated stream that it seems self-evident that the legislative assembly * * * intended and designed this code as an exclusive remedy." We do not so view the statutes to which reference is made.
A special statutory remedy is not exclusive, unless such intention is clearly manifest. It is merely cumulative, unless a contrary intention clearly appears, and it cannot be otherwise than cumulative, unless it is entirely adequate for the protection of pre-existing rights. ( Jaffe v. Fidelity Co., 7 Ala. App. 206, 60 So. 966; 1 C.J. 988; 1 R.C.L. 323.)
The right to sue for damages for the invasion of a right existed under the common law, and exists under our Code (sections 8659 and 7097, Rev. Codes 1921), and the statutory remedy referred to by counsel must, if it is to supersede such right of action, be entirely adequate to protect the rights of owners of decreed rights at all times. A careful reading of the chapter discloses that it does not require the appointment of a water commissioner on all adjudicated streams and for all seasons. It is only on application of at least ten per cent of the owners under the decree that the court is required to appoint such a commissioner. It was clearly intended only for the protection of prior rights in time of need. This remedy does not protect the owner of an adjudicated right from deprivation before the appointment of the commissoner, nor does it afford him adequate relief for the unlawful diversion of his water during the administration of a water commissioner. It is true that under the authority vested in him by section 7143, Revised Codes of 1921, the commissioner may arrest an offender for interference with such distribution, and take him before the court for punishment, but such action does not in any manner compensate the party injured by the unlawful act of the culprit.
It is therefore manifest that the remedy provided for in Chapter 27, Revised Codes of 1921, above, is but cumulative ( Van Buskirk v. Red Buttes Co., 24 Wyo. 183, 156 P. 1122, 160 P. 387), and the fact that plaintiff did not avail himself of the provisions of the chapter does not preclude him from maintaining this action.
2. It is next contended that, as both the statute (sec. 7151, [2] Rev. Codes 1921) and the decree required the installation of headgates for the measurement of the water used by the several owners, and the evidence disclosed that plaintiff had not installed headgates in his ditches through which he desired to use water, he could not complain of the action of defendant.
The section cited requires the installation of headgates and measuring-boxes only by "all persons using water under a decree from any stream whereon a water commissioner is appointed." It is in the nature of a police regulation in aid of the water commissioner. (Wiel on Water Rights, 3d ed., Vol. 2, sec. 1189.) It authorizes the water commissioner to refuse to distribute water to a user failing to comply with the requirement, but cannot be construed to license a stranger to appropriate to his own use water to which he is not entitled, merely because the owner thereof has not installed a measuring device in his ditch.
Whatever the effect of the requirement found in the decree, [3] the testimony shows that plaintiff did have a headgate in his upper ditch, from which he could have irrigated all of his cultivated land. So far as the evidence discloses, plaintiff had a right to use his water through this ditch if he saw fit. He claimed the right to use his water through any of his ditches, and, in the absence of a showing that others were injured thereby, our Codes accord him that right. (Sec. 7095, Rev. Codes 1921; Thomas v. Ball, 66 Mont. 161, 213 P. 597.) There is, therefore, no merit in this contention.
3. Specifications 4, 5, 6 and 7 are predicated upon the court's rulings on objections to questions propounded to witnesses. These specifications are not argued, and, in passing them, counsel state that the rulings are "doubtless of no grave import, standing alone." We have examined the record, and find that no reversible error was committed in the rulings mentioned.
4. Specification numbered 9 is predicated upon the court's refusal to limit the jury's consideration to plaintiff's right to forty-five inches of water, being a part of the fifth right under the decree. This specification is not urged in the brief or in oral argument. From what is said hereafter, the motion to so limit the effect of the testimony was not without merit, but the court's failure so to do could have had no effect upon the verdict.
The remaining specifications are predicated upon the court's action in overruling defendant's motion for nonsuit, for directed verdict, and for a new trial, and under them it is contended that the evidence is insufficient to support the verdict and judgment; that the verdict is contrary to the evidence and against law, and is so excessive as to warrant the conclusion that it was rendered as the result of passion and prejudice.
5. On their contention that the evidence was insufficient to support the verdict, counsel assert that the burden rested upon the plaintiff to establish by credible evidence (a) that he was entitled to water from Rattlesnake Creek; (b) that there was sufficient water in the stream to supply all prior rights and his own; (c) that the defendant diverted and prevented the plaintiff from receiving his water; (d) that such diversion was wrongful; and (e) that plaintiff was damaged thereby.
It is elementary that in any case the party asserting a right [4] has the burden of proving each of the material allegations of his cause of action. (Sec. 10616, Rev. Codes 1921; Smith v. Duff, 39 Mont. 374, 133 Am. St. Rep. 582, 102 P. 981; De Sandro v. Missoula Light Water Co., 48 Mont. 226, 136 P. 711.)
The defendant does not allege what amount of water was [5, 6] necessary for its use, except as to water distributed to its customers in 1923, dealt with above, and it seems to have proceeded upon the theory that, as it had decreed rights aggregating 2,676 inches, the assertion of those rights was a defense to the charge of wrongfully diverting water to that extent; that up to that amount it could use the waters of the creek as it saw fit. This theory is akin to the assertion, by laymen, of the right to use the full amount of their decreed rights so long as they have need thereof, and then to rent or sell a like amount to their less fortunate neighbors for an additional period of time. These assertions seem to be in direct conflict with the provisions of section 7097 of the Revised Codes of 1921, which declare that — "In all cases where, by virtue of prior appropriation, any person may have diverted all the water of any stream, or to such an extent that there shall not be an amount sufficient left therein for those having a subsequent right to the waters of such stream, and there shall, at any time, be a surplus of water so diverted, over and above what is actually and necessarily used, * * * such person shall be required to turn, and cause to flow back into the stream, such surplus water," etc.
The so-called "ownership" of water differs from that of personal property capable of corporeal possession. Neither the appropriator of water nor one to whom a right is decreed owns the corpus of any part of the flow of the stream. He is entitled only to the beneficial use of the amount of water called for by his appropriation or decree when he has need therefor, and providing his distributing system has a sufficient capacity to carry such an amount of water. ( Creek v. Bozeman Water Works Co., 15 Mont. 121, 38 P. 459.) When his ditches are incapable of carrying the amount of water decreed to him, his right is measured by the capacity of his system of distribution, regardless of his needs. (Sec. 7094, Rev. Codes 1921; Norman v. Corbley, 32 Mont. 195, 79 P. 1059; Mettler v. Ames Realty Co., 61 Mont. 152, 201 P. 702; Jacobs v. City of Harlowton, 66 Mont. 312, 213 P. 244.) So long as a party has all the water his necessity requires or that his ditches will carry, it is immaterial that he has a right, under decree or otherwise, to a greater flow from the creek. It is his duty to permit the excess to remain in the creek or, having diverted it, to return it to the creek in such manner that it will be available to subsequent appropriators of decreed rights. (Sec. 7097, above; Zosel v. Kohrs, 72 Mont. 564, 234 P. 1089; Huffine v. Miller, 74 Mont. 50, 237 P. 1103.)
In sustaining the burden of proof above referred to, it was [7] therefore necessary that plaintiff prove his need for the water as well as his right thereto and his ability to use the same through his system of distribution, and, in order to show that the defendant wrongfully diverted the water, plaintiff was required to show only that it diverted more water than its needs required or its system of distribution would accommodate, regardless of whether it had decreed rights to a greater flow or not.
It must be borne in mind that the sufficiency of the evidence [8] was challenged in the trial court by motion for nonsuit, by motion for directed verdict, and by motion for a new trial, and that the trial court, having heard the evidence and observed the witnesses on the stand, held in favor of its sufficiency; that every presumption is in favor of the correctness of the judgment; and that in aid of that presumption every legitimate inference must be drawn from the evidence. ( Security State Bank v. Soule, 70 Mont. 300, 225 P. 127.)
The record shows that the defendant had acquired certain [9] rights in and to Rattlesnake Creek. It was the owner of a dam and reservoir situated at the center of section 2 in township 13, north of range 19 west, and in the channel of the creek in question. Water from this reservoir was conducted to a second reservoir near Missoula by means of a pipe-line from the base of the dam. The plaintiff irrigated his cultivated land by the diversion of water from the stream through one or more of the following described ditches: The upper Tucker ditch, the middle Tucker ditch, and a lateral known as the "Tucker-Parker" ditch, which diverted water from the Williams ditch; the head of each of these ditches being above defendant's point of diversion. The land in this vicinity sloped from east to west. The creek lies to the west of all of plaintiff's cultivated land, and a county road crosses all of these ditches to the west of such lands. A fourth ditch, known as the Cobban ditch, in which plaintiff has an interest with several other water users, diverts water from the creek at a point below defendant's reservoir and dam. The upper ditch covers all of plaintiff's cultivated land; the middle ditch all but about forty acres; the Tucker-Parker lateral and the Williams ditch certain portions thereof, while the Cobban ditch, below the reservoir, at the times complained of, covered approximately twenty acres thereof.
The decree on said creek awarded to the predecessors in interest of the defendant 2,676 inches of water, and to the predecessors of the plaintiff approximately 350 inches. However, under the proof submitted and the instructions of the court, the only decreed rights which could be considered by the jury were the first, second and third rights, now owned by defendant, aggregating 1,119.5 inches; the fourth right of seventy-five inches, not involved in this suit; the fifth right, under which defendant had the right to the use of 115 inches and the plaintiff forty-five inches; the sixth right of twenty inches, not involved in this suit; the eighth and ninth rights under which defendant was entitled to the use of 394.5 inches; and the tenth right, under which the plaintiff was entitled to the use, when available, of forty inches, and strangers to the suit were entitled to the use of 105 inches.
All of the rights of the defendant were used for supplying water to the city of Missoula and vicinity, with the exception of this fifth right calling for 115 inches, which was used for the irrigation of a ranch owned by defendant and lying between two tracts of plaintiff's cultivated land.
The testimony further showed that plaintiff's crops were properly planted, cultivated and irrigated up to July 1 of each of the years mentioned, and were then in good condition, and would have produced bountiful crops, provided they had been properly irrigated during the month of July of each of said years. It showed the prospective production therefrom and its value, with the cost of harvesting and disposal and the use to which it would have been put, as well as the pasturage which would have been left thereon after the crops were harvested, and for which plaintiff had use in the conduct of his dairy business. It then showed the actual production for each of said years and the value thereof.
It further appears that on or about the first day of July in each of said years the defendant closed all of plaintiff's ditches, and, although he often reopened them, the defendant kept a man on the creek who shut them off as fast as he opened them; that he went repeatedly to the agents and the manager of defendant company, and requested and demanded water for the irrigation of his crops, but each time was refused; that in one conversation the manager told him that the water belonged to the company and that it would do with that water as it saw fit, running it into the river if it wanted to. He was positive on his direct examination that he got no water during the month of July of each of said years, and that the reason therefor was that the defendant company took all of the water and refused to let him have any of it; that in the years when a water commissioner distributed the water in accordance with the decree the entire damage complained of had resulted prior to the time the commissioner went on the creek; and that any water he might have received thereafter would not have improved the crops. Plaintiff further testified that, with irrigation through the month of July, his crops would have yielded bountifully, and that, owing to the advantageous slope of the ground, the nature of the soil, the shade afforded by the growing crops, and the method he employed in cultivation, forty or fifty inches of water throughout the month of July of each year would have been ample for his needs.
In 1924, for the purpose of repairs on the reservoir, defendant diverted water from the creek through an open flume, which conducted it to a "sand house" from which it entered the pipe-line to Missoula. On August 7, 1924, competent engineers made measurements which disclosed that the flume was then carrying 1,344 inches of water, with a seepage of 40.32 inches; that the capacity of the pipe-line was but 1,144.8 inches; and that 199.2 inches were returned to the creek through a "spillway" at the sand house; and that at the same time 327.6 inches of water was being diverted through the ditches having their intake above the point of defendant's diversion. Plaintiff testified that the creek's high-water season ended about the middle of July of each year, and that the flow remained the same, or decreased thereafter, until in the month of September it again increases, and, further, that the flow in the years 1922 and 1923 was approximately the same as in 1924.
Checking this testimony against the requirements above enumerated, and in the light of the rules laid down, it proved or tended to prove: (a) That plaintiff had a right to the use of at least forty-five inches of the waters of the creek, when needed, and that at all times complained of he had urgent need for that amount of water, with ample means for its use; (b) that, as at all times of which complaint is made, the flow of the creek was at least 1,642.32 inches, and all prior decreed rights, with those equal to his own and his right of forty-five inches, totaled 1,354.5 inches, there was more than enough water in the creek to supply all prior rights and his own; (c) that defendant diverted all of the waters of the creek, or 1,642.32 inches; and (d) as that amount was far in excess of the amount to which it was entitled, such diversion was wrongful and unlawful; (e) that all of the damage shown resulted from the wrongful acts of the defendant at times when no water commissioner was serving on the creek, and plaintiff's forty-five inches of water would have been ample to prevent the loss suffered. It is therefore apparent that there was substantial evidence adduced to warrant the verdict and judgment, and with the action of the court and jury we cannot interfere.
6. Counsel, however, assert that the defendant had a right to all of the water it diverted, basing the assertion upon the fact that it had decreed rights other than those here considered, and that it alleged its need for all thereof, which allegations were admitted by plaintiff's reply.
As heretofore pointed out, the mere fact that defendant was the owner of decreed rights on the stream is no defense, in the absence of a showing of need for the amount of water taken, and a showing of subsequent rights cannot justify the taking of water to which another user is entitled under a decree prior to those rights.
Further, the pleadings do not justify counsel's assertion as to the allegations of the defendant and admission of the plaintiff. The only allegation of defendant's need is found in paragraph IV of its affirmative defense to the second cause of action, referred to above. The paragraph alleges: (1) That the defendant was the owner and operator of a water system, selling and furnishing water to the people of Missoula and vicinity for domestic, irrigation and other purposes; and (2) that the water so sold and furnished "is and was necessary for the above-named purposes." As only the water carried through the pipe-line to the city and vicinity could be used for the purposes mentioned, this allegation, at most, alleged that the amount so diverted — or 1,144.8 inches — was necessary for those purposes in the year 1923, while the proof shows that several hundred inches additional were diverted, but even this allegation is not admitted by plaintiff. By his reply he admits that part of the paragraph numbered (1) above, and denies all other allegations therein contained.
7. Defendant next contends that plaintiff failed to show that he was deprived of his water, as on cross-examination he admitted that, at times, from fifteen to twenty inches of water entered his middle ditch, and at some times he saw as much as fifty to sixty inches therein; that at least 100 inches of water were permitted to flow into the Williams ditch; and that water was available in the Cobban ditch at all times.
The testimony referred to, concerning the middle ditch, was given with reference only to the year 1922, and then only when the defendant's agents were unable by reason of high water, the interference of the plaintiff, or other causes, to exclude all of the water from the ditch, although they made earnest efforts to do so, and, when such water did get into his ditch, it did not cross the road, and consequently reached none of his cultivated land. The lesser amount might not have been sufficient to reach plaintiff's crops, while his right of forty-five inches would have done so. As to the time when there were from fifty to sixty inches in the ditch, it does not appear whether that condition continued for days, hours or merely for minutes before the defendant's ditchman again filled in the ditch.
As to the Williams ditch, the amount flowing therein was not sufficient to supply defendant's right through that ditch, and the fair inference from the testimony is that the defendant prevented plaintiff from using any of the water diverted through that ditch by means of his lateral therefrom.
The Cobban ditch was below the reservoir. It covered but a small fraction of plaintiff's land. Other users took water from it, and plaintiff's testimony was that he got no water through that ditch. He could not be compelled to accept the water to which he was entitled, through it, and, had he had water through the ditch, it would have affected but twenty acres of his crops.
These admissions, if given their greatest possible force, could but go to a reduction of damages suffered, and could not defeat either of the causes of action.
8. Finally it is insisted that the verdict is excessive, and was given under the influence of passion and prejudice. In support of this contention counsel assert that the plaintiff's testimony to the effect that his forty-five inches right would have been ample for the irrigation of his crops throughout the month of July in each year is not worthy of belief, and should be discredited by this court, citing Warren v. Senecal, 71 Mont. 210, 228 P. 71; that this court should take judicial notice that irrigation requires at least one inch to the acre; and that his forty-five inches would irrigate but a like number of acres.
The answer to this argument is that the testimony is undisputed in the record, and does not apply to the amount of water necessary for the irrigation of crops throughout a season, but only to the necessity existing after the first of July in each year and under the conditions related. It may well be that, by intensive methods and compelling water to perform its utmost duty, much less than one inch per acre may suffice for the cultivation of crops throughout a season, and it may be a fact, well known among expert farmers, that, after crops are well up, a much smaller amount of water is necessary for their maturing than is necessary during the early stages of their growth; the testimony of the plaintiff would seem to so indicate, and, if this was not so, the court was open to the defendant to contradict the testimony given by experts on the subject, on which a contrary finding might have been made.
The question of the amount of water necessary per acre for [10] irrigation is one of fact for the court or jury, and can never be considered a question of law for the courts, although the rule has been adopted generally in this state to allow an inch to the acre, in the absence of evidence warranting a greater or less award. ( Conrow v. Huffine, 48 Mont. 437, 138 P. 1094.) The evidence was addressed to the jury, and we cannot say that it was so incredible as not to be entitled to belief.
It is asserted that the amount of the verdict shows that it [11] was given under the influence of passion and prejudice, and it is pointed out that the damages awarded for a partial loss of crops would equal or exceed the purchase price of the land on which the crops were grown, including the water right. The purchase price of the land, or its value, cannot affect the value of crops raised thereon. It is not beyond the realm of possibility that a purchaser might pay the entire purchase price of his land and water right out of three years' crops. The question for determination is whether, under the evidence adduced, the amount awarded is justified.
A tabulation of the figures given by the witnesses for [12] plaintiff as the losses suffered shows a total in excess of $45,000, or double the amount of the verdict, and, while there may be duplications by reason of testimony concerning loss of crops and loss of income from the sale of dairy products, loss of crops, and amounts necessary for the purchase of substitutes, by no means available to us have we been able to reduce the proved damages to an amount less than the verdict, nor has counsel for defendant attempted to do so. It cannot, therefore, be said that the verdict is excessive.
For the reasons stated, and as no reversible error appears in the record, the judgment is affirmed.
MR. CHIEF JUSTICE CALLAWAY, ASSOCIATE JUSTICES GALEN and STARK and HONORABLE C.W. POMEROY, District Judge, sitting in place of MR. JUSTICE HOLLOWAY, disqualified, concur.
Rehearing denied October 20, 1926.
In Tucker v. Missoula Light Ry. Co., 77 Mont. 91, 100, 250 P. 11, 15, it is said: "It is elementary that in any case the party asserting a right has the burden of proving each of the material allegations of his cause of action."
Summary of this case from Whitney v. Northwest Greyhound


text:
Holy Jesus, Thomas Friedman is a Giant Asshole
There are two New York Times columnists that I'd love to slap. The first is obviously David Brooks, and the second is Thomas Friedman, mustached douche and crony of global capitalism. The other day, Friedman wrote a column that was far more than slap-worthy, and funnily enough joined Brooks in citing Davidson's essay from the Atlantic. While both men make similar points about Davidson's essay, only Friedman escalates into the "I wish I could stab him for writing this" territory. And that's saying something, considering how much of an idiot Brooks can be.
Friedman's essay, entitled "Average is Over," covers familiar territory: globalization, competition, Chinese slaves, blah blah blah. It's nothing new, really; Friedman found his dead horse and he continues to bludgeon it with inexplicable fervor. Essentially, Friedman argues, American workers of the future cannot afford to be "average," as they could in the past. Completely ignoring the subjectivity of averages, Friedman points out that now the American worker competes with "above average cheap foreign labor, cheap robotics, cheap software, cheap automation and cheap genius," and thus every worker bee must "find their extra—their unique value contribution that makes them stand out in whatever is their field of employment." Aside from being condescending, this point is obvious, and moreover has always been true—competitive workers, regardless of their field, have always had to demonstrate an "extra" quality.
But that was only the beginning of the essay! Wait 'til Friedman gets going! Positively slavering over the idea that waiters and waitresses might be among the future unemployed, Friedman goes on to describe technology that, unless you're an asshole, sounds pretty Goddamn shitty. Basically, it's an iPad that allows you to order food from your table and then ignore your dining companions. Most important, however, is the significant reduction in employee costs:
Each console goes for $100 per month. If a restaurant serves meals eight hours a day, seven days a week, it works out to 42 cents per hour per table — making the Presto cheaper than even the very cheapest waiter.
Hooray! Now I can displace a worker, order extra bacon without talking to a human being, and play Angry Birds while waiting for my food! Dinner conversation is usually boring anyway; I mean, how many different ways can a person describe their day?
By now, Friedman has already ensured a swift kick in the ass, delivered by me, should I ever meet him. But he's not content to stop there, oh no! Friedman wishes to drive home the point that average is simply unacceptable. Do you know why? Because of the Chinese, that's why!
What the iPad won't do in an above average way a Chinese worker will. Consider this paragraph from Sunday's terrific article in The Times by Charles Duhigg and Keith Bradsher about why Apple does so much of its manufacturing in China: "Apple had redesigned the iPhone's screen at the last minute, forcing an assembly-line overhaul. New screens began arriving at the [Chinese] plant near midnight. A foreman immediately roused 8,000 workers inside the company's dormitories, according to the executive. Each employee was given a biscuit and a cup of tea, guided to a workstation and within half an hour started a 12-hour shift fitting glass screens into beveled frames. Within 96 hours, the plant was producing over 10,000 iPhones a day. 'The speed and flexibility is breathtaking,' the executive said. 'There's no American plant that can match that.' "
Wow! Chinese workers sure are dedicated to their jobs! I bet they love cranking out iPad cases and breathing in aluminum dust and being set on fire occasionally. At least they get biscuits and tea! Friedman is basically marveling at the efficiency of slavery. In the interest of balance, here's an excerpt from another excellent article that appeared in the Times on the topic of Apple's manufacturing in China:
Employees work excessive overtime, in some cases seven days a week, and live in crowded dorms. Some say they stand so long that their legs swell until they can hardly walk. Under-age workers have helped build Apple's products, and the company's suppliers have improperly disposed of hazardous waste and falsified records, according to company reports and advocacy groups that, within China, are often considered reliable, independent monitors.
More troubling, the groups say, is some suppliers' disregard for workers' health. Two years ago, 137 workers at an Apple supplier in eastern China were injured after they were ordered to use a poisonous chemical to clean iPhone screens. Within seven months last year, two explosions at iPad factories, including in Chengdu, killed four people and injured 77. Before those blasts, Apple had been alerted to hazardous conditions inside the Chengdu plant, according to a Chinese group that published that warning.
Friedman's probably right, though—it would be tough to get American workers to apply for manufacturing jobs with 12-hour shifts (sometimes doubled), no safety protections, and a salary that doesn't exceed $22 per day.
Is there any way an iPad could replace Thomas Friedman? That's an app I'd happily download.
One thought on "Holy Jesus, Thomas Friedman is a Giant Asshole"
Jessica on January 27, 2012 at 5:21 pm said:
"Friedman found his dead horse and he continues to bludgeon it with inexplicable fervor."
I love this.
9 years ago Short URL 1 Comment
Culture/Uncategorized
david brooks/global capitalism/ipad/new york times columnists/thomas friedman/worker bee


Compatible with Laptop, Computer, Tablet, iPad, Mobile Phone. An extra Microsoft Adapter is required (Not Included) when connecting with an OLD VERSION Xbox One controller.
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?Extra Microsoft adapter (Not Included) is needed when connecting with OLD VERSION Xbox One controller.
?This gaming headphone is not compatible with PS3 and Xbox360.


text:
Frank Marshall Rules Out Recasting Title Character for Fifth Indiana Jones
By Spencer Perry
Fifth Indiana Jones won't recast title character
Ever since Disney bought Lucasfilm, the primary focus has been on Star Wars, and rightfully so, but there's another fan-beloved franchise waiting in the wings for a turn at bat, Indiana Jones. Rumors have popped up online about the possibility of another actor picking up the fedora and whip, with a report earlier this year pointing at Chris Pratt as the potential successor to Harrison Ford, but nothing has ever been officially said out loud about the fate of the world's favorite archaeologist. Now, speaking with Total Film (via Den of Geek), producer Frank Marshall says they're not considering recasting the part at all for the fifth Indiana Jones movie.
"There are a lot of rumours," Marshall said. "We haven't even sat down to talk about Indy yet… at some point we'll sit down. But there's a bunch of people who could probably take the baton… We're not doing the Bond thing where we're going to call somebody else Indiana Jones… we have to figure this out."
Ironically, James Bond was a primary influence on the creation of the Indiana Jones franchise from the start, which eventually lead to the casting of Sean Connery as Henry Jones, Sr.
Steven Spielberg recently admitted himself that he will "probably" do a fifth Indiana Jones film, though no further details have been offered up about the planned adventure from the director.
A fifth Indiana Jones movie has been talked about since the most recent big screen adventure, Indiana Jones and the Kingdom of the Crystal Skull, went on to gross more than $786 million worldwide when it was released in 2008. Following the sale of Lucasfilm to Walt Disney Pictures and Lucas' own subsequent retirement, however, hints regarding plans for the future of the franchise have been few and far between. Ford, however, has suggested that he's quite eager to reprise the role himself, despite turning 73 this year.
Are you eager to see Harrison Ford return for a fifth Indiana Jones movie? Sound off below!
Spencer Perry
Spencer Perry is the Executive Editor for ComingSoon.net.
Frank Marshall Indiana Jones
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