1. Suppose that, instead of a spring gun, the Brineys had unleashed on the premises a vicious...
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2. When may one set a spring gun and not be subject to liability? What can one legally do to protect property or life?
3. What do you think the consequences would have been if the dissenting judge’s suggestions had become law?
4. A case involving breaking and entering and shooting a gun might appear to be a criminal matter. What factors make this a civil lawsuit?
Moore, Chief Justice
The primary issue presented here is whether an owner may protect personal property in an unoccupied boarded-up farmhouse against trespassers and thieves by a spring gun capable of inflicting death or serious injury.
We are not here concerned with a man’s right to protect his home and members of his family. Defendants’ home was several miles from the scene of the incident to which we refer infra.
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Introduction to Law and the Legal System
ISBN: 978-0495899334
10th Edition
Authors: Frank August Schubert
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