Katko v. Briney


182 N.W.2d 657 (Iowa 1971)

To address several break-ins to his unoccupied farmhouse, Defendant wired his 20-gauge shotgun to fire at anyone who opened the door to the farmhouse bedroom, the window of which was covered with tin.  The net effect was that the gun could not be seen and would fire only at a person already in the house.

Plaintiff was seriously injured by the gun when, after he broke into the farmhouse, he attempted to open the bedroom door.

Plaintiff sued Defendant for his injuries.

The court held Defendant liable to Plaintiff (who himself had pled guilty to petty larceny) for battery.  The court reasoned that, although Defendant would have been justified in defending himself or his family with the shotgun if they had been at the farmhouse during the time of the intrusion, he could not use deadly force to protect his unoccupied property.  The court noted that, “the law has always placed a higher value upon human safety than upon mere rights in property.”

Finally, the court held that Plaintiff’s status as a trespasser was irrelevant to the issues before it.

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