Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 16

The Brineys (defendants) owned a large farm on which was located an abandoned farmhouse. For a ten-year period the house had been the subject of several trespassing and housebreakings. In an attempt to stop the intrusions, Briney boarded up the windows and doors and posted "no trespassing" signs. After one break-in, however, Briney set a spring gun in a bedroom. It was placed over the bedroom window so that he gun could not be seen from outside, and no warning of its presence was posted. The gun was set to hit an intruder in the legs. Briney loaded the gun with a live shell, but he claimed that he did not intend to injure anyone.
Katko (plaintiff) and a friend, McDonough, had broken into the abandoned farmhouse on an earlier occasion to steal old bottles and fruit jars for their antique collection. They returned for a second time after the spring gun had been set, and Katko was seriously wounded in the leg when the gun discharged as he entered the bedroom. He then brought action for damages. Decision?