Katko v. Briney

183 N.W.2d 657 (1971)

Marvin KATKO, Appellee,

v.

Edward BRINEY and Bertha L. Briney, Appellants.

No. 54169.

Supreme Court of Iowa.

February 9, 1971.

Bruce Palmer and H. S. Life, Oskaloosa, for appellants.

Garold Heslinga, Oskaloosa, for appellee.

MOORE, Chief Justice.

The primary issue presented here is whether an owner may protect personal property in an unoccupied boarded-up farm house against trespassers and thieves by a spring gun capable of inflicting death or serious injury.

We are not here concerned with a man's right to protect his home and members of his family. Defendants' home was several…