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Bird v. Holbrook

Court of Common Pleas
130 Eng. Rep. 911 (1825)

Bird v. Holbrook


Holbrook (defendant) owned a tulip garden a mile from his home. The garden area contained a summer house in which Holbrook and his wife frequently slept. Holbrook’s garden was robbed, and several valuable tulips and bulbs were stolen. After this incident, Holbrook set up a spring gun to guard against trespassers in the garden. No notice of the spring gun was posted in the garden. Bird (plaintiff), a nineteen-year-old boy, innocently entered Holbrook’s garden to chase after an escaped pea fowl. He did not know the spring gun was there and accidentally set it off. Bird suffered a severe wound above his knee and brought suit against Holbrook to recover for his injuries.

Rule of Law


Holding and Reasoning (Best, C.J.)

Concurrence (Burrough, J.)

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