Privilege to install for the purpose of protecting

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privilege to install, for the purpose of protecting his land from intrusions harmless to the lives and limbs of the occupiers or users of it, a mechanical device whose only purpose is to inflict death or serious harm upon such as may intrude, by giving notice of his intention to inflict, by mechanical means and indirectly, harm which he could not, even after request, inflict directly were he present.” [12] The facts in Allison v. Fiscus, 156 Ohio 120, 110 N.E.2d 237, decided in 1951, are very similar to the case at bar. There plaintiff’s right to damages was recognized for injuries re- ceived when he feloniously broke a door latch and started to enter defendant’s warehouse with intent to steal. As he entered a trap of two sticks of dynamite buried under the doorway by defen- dant owner was set off and plaintiff seriously injured. The court held the question whether a par- ticular trap was justified as a use of reasonable and necessary force against a trespasser engaged in the commission of a felony should have been submitted to the jury. The Ohio Supreme Court recognized plaintiff’s right to recover punitive or exemplary damages in addition to compen- satory damages. 180
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[13] In addition to civil liability many jurisdictions hold a land owner criminally liable for serious injuries or homicide caused by spring guns or other set devices. [The court declined to rule on whether punitive damages were allowable in this type of case be- cause defendant’s attorney had not raised that issue in the trial court.] Study and careful consideration of defendants’ contentions on appeal reveal no reversible error. Affirmed . LARSON, Justice. Dissented , noting that the trial judge’s instructions “failed to tell the jury it could find the installation was not made with the intent or purpose of striking or injuring the plaintiff,” and that the principle espoused by the court had never been applied to a burglar, but only “in the case of a mere trespasser in a vineyard.” N OTES AND Q UESTIONS (1) Katko pled guilty to petty larceny and received a 30-day suspended sentence and a $50 fine. The Brineys had to sell 80 acres of their 120-acre farm in order to pay the judgment and legal fees in this case. A strange development later arose between the parties, possible, perhaps, only in traditional rural culture. When the 80 acres were put up for sale and there were bids above the minimum price of $10,000, three neighbors borrowed money to purchase the land for a dollar more, expecting to hold it for the Brineys until they won their appeal. When they did not win, the neighbors leased the land back to them for enough to pay taxes and interest costs on the purchase money the neighbors had borrowed. Several years later when land values rose, the neighbors offered to sell the property to the Brineys.
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