Marvin Katko V. Briney Case Study

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Marvin Katko v. Edward Briney and Bertha L. Briney. 183 N.W.2d 657. Supreme Court of Iowa. 9 Feb. 1971. Print.

Procedure: Marvin Katko (Plaintiff), filed an action in the Supreme Court of Iowa for damages resulting from serious injury caused by a shot from a 20-gauge spring shotgun. The shotgun was set by Edward and Bertha Briney (Defendants), in a bedroom of an old farmhouse that had been uninhabited for several years.

Facts: The defendants’ unoccupied farmhouse had a series of break-ins over the course of ten years. The property sustained considerable damage and even after boarding up the windows and posting no trespass signs, the break-ins continued. Defendants then set up a shotgun spring, where the gun was secured