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Torts Keyed to Franklin
Katko v. Briney
Citation:
183 N.W.2d 657 (Iowa 1971)Facts
Due to a series of trespassing and housebreaking over the course of ten years, Briney set up a 20-gauge spring shotgun pointed toward an intruder’s leg in a bedroom of his old farmhouse that had been uninhabited for several years. Briney also situated “no trespass” signs on the land, the nearest which was 35 feet from the house.
Katko and McDonough broke and entered into Briney’s farm house to find and steal old bottles and dated fruit jars, at which point Katko was shot in the leg by the spring gun. He remained in the hospital for 40 days, and his leg was permanently deformed and shortened.
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