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Legal Studies - Essay Example

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MARVIN KATKO, Appellee v. EDWARD BRINEY and BERTHA L. BRINEY, Appellants No. 54169 - February 9, 1971, Filed Supreme Court of Iowa “The Mahaska District Court (Iowa), upon a jury verdict awarding actual and punitive damages to plaintiff in an action resulting from injuries suffered by trespassing plaintiff when he triggered a spring gun placed in an uninhabited house by defendant owners” (Harold Fleck)…
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Legal Studies

Download file to see previous pages... When the appellee (Katko) trespassed on the uninhabited house to steal old bottles and fruit jars, which cost less than $20, gives the implication that the owner of the said house has the right to impose self defense for their property against him (appellee) and his companion. Adhering to the principle of self defense, then the defendants are right to say that they have the right to defend their property. What would be erroneous so speak is the means employed to protect their belongings. One of the requisites of self-defense is the “reasonable necessity of the means employed.” Using shotgun that could inflict serious physical injuries or even death defies this requisite in self defense knowing the fact that it could not even put the lives of the owners at risk because, as mentioned, it has been uninhabited for several years. As one of the justice who concurs, Moore, said “the primary issue presented here is whether an owner may protect personal property in an unoccupied boarded-up farm house against trespassers and thieves by a spring gun capable of inflicting death or serious injury.” Thus, the means employed (the shotgun) is too ruthless to use in defending an unoccupied old farm house from trespassers. ...Download file to see next pagesRead More
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