October 24, 2014
Case Briefing Assignment
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971).
Procedure: Plaintiff Katko filed suit against Briney in Mahaska District Court seeking damages for injury suffered by defendant. After trial by jury and in accordance with jury verdict, Court awarded plaintiff actual and punitive damages. Court denied defendant’s motion for judgment notwithstanding the verdict and for new trial. Defendant appealed.
Facts: Plaintiff trespassed on defendant’s property with the intent to steal items from inside the un-occupied house and was shot in the leg by a spring gun hidden behind a door.
Issue: May an owner protect personal property in an un-occupied house against trespassers by installing