Legal Opinion

Katko v. Briney

Supreme Court of Iowa

Decided February 9, 1971No. 54169PublishedCited by 25 opinions

1Opinion of the Court

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 miles from the scene of the incident to which we refer infra.

*658Plaintiffs action is for damages resulting from serious injury caused by a shot from a 20-gauge spring shotgun set by defendants in a bedroom of an old farm house which had been…

2Cases cited19 opinions

  1. United Zinc & Chemical Co. v. BrittSupreme Court of the United States · 1922
  2. Sebastian v. WoodSupreme Court of Iowa · 1954
  3. Ke-Wash Company v. Stauffer Chemical CompanySupreme Court of Iowa · 1970
  4. Verschoor v. MillerSupreme Court of Iowa · 1966
  5. State v. VanceSupreme Court of Iowa · 1864

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Cates v. Beauregard Electric Cooperative, Inc.Supreme Court of Louisiana · 1976
  2. People v. CeballosCalifornia Supreme Court · 1974
  3. Rowen v. Le Mars Mut. Ins. Co. of IowaSupreme Court of Iowa · 1979
  4. McCarthy v. J. P. Cullen & Son Corp.Supreme Court of Iowa · 1972
  5. Briner v. HyslopSupreme Court of Iowa · 1983

20 more not listed; retrieve them via the Exa API.

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