Katko v. Briney
Encyclopedia
Katko v. Briney, 183 N.W.2d 657
(Iowa
1971), was a famous tort
case decided by the Supreme Court of Iowa, in which a homeowner (Edward Briney) was held liable for battery
for injuries caused to a trespasser (Marvin Katko) who set off a spring gun set as a mantrap
in an abandoned house on the homeowner's property.
Case Brief: Briney mounted a spring-loaded shotgun
in his unoccupied house, the shotgun severely injured Katko’s leg when he entered the house. Katko sued.
Facts: The defendant owned an old unoccupied farmhouse in Iowa
, the property was boarded up, had "no trespass" signs around it, and had been unused and was in a deteriorating condition for several years. Briney was very upset with the constant burglaries and break-ins into his unoccupied farmhouse. To solve this issue, Briney mounted a 20-gauge spring-loaded shotgun in the farmhouse to fire when the north bedroom door was opened. The gun was aimed to shoot an intruder's legs so as not to cause a mortal injury. Five days later, Katko went into the farmhouse with the intent of collecting some old bottles and dated fruit jars that Katko considered antiques. Upon entering the room, the trigger mechanism was tripped and the shotgun fired into Katko’s legs at point blank range. The gunshot wounds sustained by Katko were sufficiently severe for him to require hospitalization. Katko sued Briney after his release from hospital.
Reasoning: The court ruled that using deadly force on intruders in an unoccupied property was not reasonable or justified. Briney would have been justified in defending himself with the shotgun if he had been home during the intrusion.
Judgment: The court ruled for Katko, and he was awarded $20,000 in actual damages and $10,000 in punitive damages.
The case stands for the proposition that, though a landowner has no duty to make his property safe for trespassers, he may not set deadly traps against them.
The notable quotation from the decision is:
arrangement with Briney, but eventually one sold his share to his son for a profit. Briney and Katko then joined in a lawsuit against the neighbor to create a constructive trust
on the profit, but the case was settled before trial in an amount sufficient to close out the judgment against Briney.
As Katko's injury was misreported by the United Press International
wire service
as having taken place in the Briney residence, several states introduced what were called "Briney Bills" for self-defense
, which was not at issue in the case. The Nebraska Legislature
act, stating that no person ... shall be placed in ... jeopardy ... for protecting, by any means necessary, himself, his family, or his real estate property ..., was overturned due to improper delegation of sentencing authority in State v. Goodseal (1971).
Four years after the case was decided, Briney was asked if he would change anything about the situation. Briney replied: "There's one thing I'd do different, though, I'd have aimed that gun a few feet higher."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(Iowa
Iowa Supreme Court
The Iowa Supreme Court is the highest court in the U.S. state of Iowa. As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices....
1971), was a famous tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
case decided by the Supreme Court of Iowa, in which a homeowner (Edward Briney) was held liable for battery
Battery (tort)
At common law, battery is the tort of intentionally and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them . Unlike assault, battery involves an actual contact...
for injuries caused to a trespasser (Marvin Katko) who set off a spring gun set as a mantrap
Mantrap
Mantraps are physical security devices or constructions designed to entrap a human on purpose.-Historical usage:Historically, mantraps were mechanical devices for catching poachers and trespassers. The devices have taken many forms, the most usual being like a large foothold trap, the steel springs...
in an abandoned house on the homeowner's property.
Case Brief: Briney mounted a spring-loaded shotgun
Shotgun
A shotgun is a firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small spherical pellets called shot, or a solid projectile called a slug...
in his unoccupied house, the shotgun severely injured Katko’s leg when he entered the house. Katko sued.
Facts: The defendant owned an old unoccupied farmhouse in Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
, the property was boarded up, had "no trespass" signs around it, and had been unused and was in a deteriorating condition for several years. Briney was very upset with the constant burglaries and break-ins into his unoccupied farmhouse. To solve this issue, Briney mounted a 20-gauge spring-loaded shotgun in the farmhouse to fire when the north bedroom door was opened. The gun was aimed to shoot an intruder's legs so as not to cause a mortal injury. Five days later, Katko went into the farmhouse with the intent of collecting some old bottles and dated fruit jars that Katko considered antiques. Upon entering the room, the trigger mechanism was tripped and the shotgun fired into Katko’s legs at point blank range. The gunshot wounds sustained by Katko were sufficiently severe for him to require hospitalization. Katko sued Briney after his release from hospital.
Reasoning: The court ruled that using deadly force on intruders in an unoccupied property was not reasonable or justified. Briney would have been justified in defending himself with the shotgun if he had been home during the intrusion.
Judgment: The court ruled for Katko, and he was awarded $20,000 in actual damages and $10,000 in punitive damages.
The case stands for the proposition that, though a landowner has no duty to make his property safe for trespassers, he may not set deadly traps against them.
The notable quotation from the decision is:
- "the law has always placed a higher value upon human safety than upon mere rights in property"
Aftermath
The case had several subsequent results. The Brineys sold 80 of their 120 acre (0.4856232 km²) to pay the judgment while proceeding with an appeal. Three of Briney's neighbors bought the property at auction, paying $1 more than the minimum bid of $10,000. After the appeal was denied, they made a leasebackLeaseback
Leaseback, short for sale-and-leaseback, is a financial transaction, where one sells an asset and leases it back for the long-term; therefore, one continues to be able to use the asset but no longer owns it...
arrangement with Briney, but eventually one sold his share to his son for a profit. Briney and Katko then joined in a lawsuit against the neighbor to create a constructive trust
Constructive trust
A constructive trust is an equitable remedy resembling a trust imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding legal right to property which they should not possess due to unjust enrichment or interference...
on the profit, but the case was settled before trial in an amount sufficient to close out the judgment against Briney.
As Katko's injury was misreported by the United Press International
United Press International
United Press International is a once-major international news agency, whose newswires, photo, news film and audio services provided news material to thousands of newspapers, magazines and radio and television stations for most of the twentieth century...
wire service
Wire Service
Wire Service is an American drama series that aired on ABC as part of its 1956-57 season lineup.-Synopsis:Wire Service focuses on three reporters for the fictional Trans-Globe wire service, which was similar to real-life news wire services such as the Associated Press and United Press International...
as having taken place in the Briney residence, several states introduced what were called "Briney Bills" for self-defense
Self-defense (theory)
The right of self-defense is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others, including the use of deadly force.- Theory :The...
, which was not at issue in the case. The Nebraska Legislature
Nebraska Legislature
The Nebraska Legislature is the supreme legislative body of the State of Nebraska, in the Great Plains region of the United States. The Legislature meets at the Nebraska State Capitol in the City of Lincoln, Lancaster County....
act, stating that no person ... shall be placed in ... jeopardy ... for protecting, by any means necessary, himself, his family, or his real estate property ..., was overturned due to improper delegation of sentencing authority in State v. Goodseal (1971).
Four years after the case was decided, Briney was asked if he would change anything about the situation. Briney replied: "There's one thing I'd do different, though, I'd have aimed that gun a few feet higher."
Sources
- Andrew J. McClurg,http://law.fiu.edu/faculty/Poetry_in_Commotion.pdfPoetry in Commotion: Katko v. Briney and the Bards of First-Year Torts, 74 Oregon Law Review 823-48 (1995).
- Katko v. Briney case brief