Hooker v. Miller
Supreme Court of Iowa
Appeal from Benton District Court. Friday, December 12. Action to recover damages resulting from injuries sustained by plaintiff from a gun-shot wound received by him, by means of a spring gun placed by defendant on his own premises. There was a verdict and judgment for plaintiff. Defendant appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, C. J.
The defendant was the owner of a vineyard and had lost grapes by trespassers entering his inclosure and carrying them away. To protect his fruit from such persons he planted a spring gun, so arranged that it would be discharged in the direction of one entering his premises, by means of wires or cords which the trespasser, would be likely to come *614in contact with and disturb. He gave no notice whatever that he had so arranged the gun, or of his intention so to do. The gun being thus placed, and charged with powder and shot, the .plaintiff, in the night time, went into the vineyard, without…
2Cases cited2 opinions
- State v. VanceSupreme Court of Iowa · 1864
- Tyner v. CoryIndiana Supreme Court · 1854
3Cited by17 opinions
- Marble v. RossMassachusetts Supreme Judicial Court · 1878
- Weitzmann v. A. L. Barber Asphalt Co.New York Court of Appeals · 1908
- Sisk v. CrumpIndiana Supreme Court · 1887
- Weis v. AllenOregon Supreme Court · 1934
- Katko v. BrineySupreme Court of Iowa · 1971
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