TORTS-ASSAULT AND BATTERY-USE OF TRAPS TO PROTECT PROPERTY FROM FELONIOUS TAKING

Authors

Charles E. Oldfather S. Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff brought an action for personal injuries. Defendant planted two sticks of dynamite in the floor beneath the door of his mining warehouse in order to prevent repeated thefts of personal property from the building. The dynamite was rigged to explode when the door was opened. Plaintiff, with the intent of stealing whatever he could, broke the lock, opened the door, and from the ensuing explosion received leg and foot injuries. Plaintiff's act was a statutory felony. Defendant testified that he in good faith thought that the amount of dynamite used would merely frighten the plaintiff. Trial court held the defendant liable as a matter of law. On motion to certify the record, held, reversed and remanded with direction for the jury to determine whether defendant used more force than reasonably necessary to repel and prevent the felony and to ascertain the good faith of the defendant in the measures he took for such prevention. Taft, J., dissented. Allison v. Fiscus, 156 Ohio St. 120, 100 N.E. (2d) 237 (1951).

Recommended Citation

Charles E. Oldfather S. Ed., TORTS-ASSAULT AND BATTERY-USE OF TRAPS TO PROTECT PROPERTY FROM FELONIOUS TAKING, 51 Mich. L. Rev. 126 (1952).
Available at: https://repository.law.umich.edu/mlr/vol51/iss1/19