BIRD V. HOLBROOK
4 Bing. 628, 130 Eng. Rep. 911 (1825)
NATURE OF THE CASE: This is an action for damages.
FACTS: Holbrook (D) owned a walled garden about a mile from his house. D had problems
with people stealing things from his garden. In an effort not to prevent intrusion on to the
property but to catch an intruder, D set up a spring-gun trap in this garden. He did not
post notice of this trap. Bird (P) innocently chased an escaped bird into the garden. P
climbed the back wall and called out his presence. He received no reply and proceeded. He
set the trap off and severely damaged his knee. P sued for the damage cause to his knee by
the spring gun trap. D claimed that P had no action because he committed an act of unlawful
trespass.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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