Bird v. Holbrook – Case Brief
Bird v. Holbrook, 4 Bing. 628, 130 Eng. Rep. 911 (1825).
Facts: Holbrook (D) set up a spring-gun trap in his garden in order to catch an intruder who had been stealing from his garden. D did not post a warning. Bird (P) chased an escaped bird into the garden and set off the trap, suffering serious damage to his knee. Bird sued Holbrook for damages.
Issue: May a property owner set up a trap without notice in order to harm or catch an intruder?
Holding and Rule: No. One who sets traps without posting a notice is liable for any damages caused. No man can do indirectly that which he is forbidden to do directly. If P had come into D’s garden while D was there, D would not have been able to use the same force to expel P from the garden. The court held that in such a case even a thief can recover damages. The court stated that while setting traps or “man traps” can be valid as a deterrent when notice is also posted, D’s intent was to injure someone rather than scare them off.
Disposition: Affirmed.