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EspañolKATKO V. BRINEY
'''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 who set off a spring gun set as a mantrap in an abandoned house on the homeowner's property.
The case appears in virtually every torts textbook, and has even been the subject of a collection of poems written by law students. It 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 of property"''
The case had several subsequent results. The Brineys sold 80 of their 120 acres 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 leaseback 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.[1]
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).
1. How to Succeed in Law School, Gary A. Munneke, , , Barron's Educational Series, ,
★ Katko v. Briney case brief
★ Andrew J. McClurg,[1]''Poetry in Commotion: Katko v. Briney and the Bards of First-Year Torts'', 74 Oregon Law Review 823-48 (1995).
The case appears in virtually every torts textbook, and has even been the subject of a collection of poems written by law students. It 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 of property"''
| Contents |
| Aftermath |
| Notes |
| Sources |
Aftermath
The case had several subsequent results. The Brineys sold 80 of their 120 acres 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 leaseback 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.[1]
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).
Notes
1. How to Succeed in Law School, Gary A. Munneke, , , Barron's Educational Series, ,
Sources
★ Katko v. Briney case brief
★ Andrew J. McClurg,[1]''Poetry in Commotion: Katko v. Briney and the Bards of First-Year Torts'', 74 Oregon Law Review 823-48 (1995).
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