Bird v. Holbrook
C.P. 1825
130 Eng. Rep. 911
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Brief Fact Summary
Defendant protected his valuable tulip garden with a spring gun.
Rule of Law and Holding
Using a spring gun to deter trespassers is contrary to common law when
done without notice and between sunset and sundown. Although individuals have the right to protect their property, they may not endanger human life while doing so.
Topics
Intentional Torts
Subtopics
Defense of Property
This case is in these books
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Cases and Materials on Torts
-
Epstein
-
8th Edition
- Cases and Materials on Torts
- Epstein
- 8th Edition
