Katko v. Briney

183 N.W.2d 657 · Supreme Court of Iowa · 1971

Facts

Plaintiff broke into defendants' unoccupied, boarded-up farmhouse to steal antique bottles and was severely injured by a hidden spring gun set by defendants. The jury awarded plaintiff $20,000 actual and $10,000 punitive damages, which the trial court upheld. Defendants appealed the judgment.

Issue

May an owner use a spring gun capable of inflicting death or serious injury to protect personal property in an unoccupied, boarded-up farmhouse against trespassers and thieves?

Holding

No, an owner may not use such a device. The court affirmed the lower court's judgment, holding that the use of deadly force to protect property is not permissible.

Rule

The law places a higher value on human safety than on property rights, thus there is no privilege to use force calculated to cause death or serious bodily injury to repel a threat to land or chattels, unless there is also a threat to personal safety. A landowner cannot use a mechanical device to inflict harm that they could not inflict in person.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.