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Torts-Assault And Battery-Use Of Traps To Protect Property From Felonious Taking, Charles E. Oldfather S. Ed.

Michigan Law Review

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 …