SmartBrief
Confirm favorite deletion?
Torts Keyed to Henderson
Katko v. Briney
Citation:
183 N.W.2d 657 (Iowa 1971)Facts
Defendants are a married couple who inherited the farmhouse from the wife’s grandparents. The farm land and house had been unoccupied and dilapidated, and there were several trespassing and housebreaking that resulted some loss of household items. Defendants had been making several attempts through the years to stop the intrusions, including putting up signs and boarding up the windows. Tiring of intrusions, Mr. Briney decided to set up a shotgun trap. He was fully aware of the power of the shotgun. He admitted he did so because he was “mad and tired of being tormented” but “he did not intend to injure anyone”. There were no signs warning the trap, nor could the trap been seen outside the house.
Plaintiff is one of the trespassers. Prior to the accident, plaintiff went to the farm land before and took away some items. On a subsequent visit to the farmhouse, he opened the bedroom door and was hit by the shotgun. Plaintiff received serious injuries and was hospitalized for 40 days. Plaintiff testified he knew he had no right to break and enter the house with intent to steal, but he still sought damages for his injury.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Outline