Katko
v. Briney
Supreme
Court of
183
N.W.2d 657.
Prosser,
p. 105-108
Facts: The Brineys set up a
spring-loaded gun to protect against trespassers. It blew Katko’s leg off. Katko sued for personal injury and won. The defendants moved for judgment
notwithstanding the verdict and a new trial and were refused. They appealed to the Iowa Supreme Court.
Issue: Does an owner have the
privilege of protecting personal property with a spring gun?
Rule: You do not have the
privilege to use force that may cause death or serious injury against
trespassers unless the trespass itself threatens death or serious injury.
Analysis: The court reasons that the
Brineys knew the power of the shotgun and gave no notice to any potential
trespasser that the gun was there or where exactly on the property it was
located. Furthermore, the property was
unoccupied and neither death nor serious injury was threatened by any
trespasser.
Conclusion: The court upheld the verdict.
Notes
and Questions
1. Weird!
2. It sounds like
the misreporting of this case led to new statutes being drafted that might not
otherwise have been considered wise if the case had been reported accurately.
3. So mistake
does negate the privilege of defense of property.
4. The force involved
is limited in particular by the requirement that the peaceful trespasser first
be asked to depart, except when the intruder is acting in such a way that a
reasonable person would find that such a request is useless or can’t be made in
time.
5. When can
deadly or serious force be used to defend property?
A. Such force can
be used when your personal safety or that of your family is threatened.
B. Such force can
be used to prevent a crime. The more
serious the crime, the greater the force that may be used. I don’t think a modern court would allow
deadly force to be used against burglary, but in the case of biological agents
in a government facility where the burglary could subsequently lead to the
death of many others, it may find deadly force is justified.
C. Spring guns
were outlawed in
D. Most states
have outlawed the use of spring guns and the like. Other states allow deadly force against, for
example, attempted burglary.
E. If the defendant
gives the plaintiff notice, the privilege may be modified, especially if a dog
is involved. Perhaps this really falls
under self-defense.
F. If you intent
to commit an unlawful assault and it turns into a battery, the doctrine of transferred
intent suggests you’re liable for all the results, even if you couldn’t have
foreseen them.
6. You can’t
eject a trespasser if doing so would put that person in unreasonable physical
danger. This might apply to making a
drunken guest get in their car if the person is too drunk to resist.
7. If personal
safety is at risk, ejection is a more absolute right. There may be policy problems, however, if you
apply this to a case where someone is ill with a contagious disease.
8. Okay!