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Herman Munster owned a 250 acre tract of unimproved land near Comfort in the Texas Hill Country. The property was fenced but local young people

Herman Munster owned a 250 acre tract of unimproved land near Comfort in the Texas Hill Country. The property was fenced but local young people kept cutting the fence so they could ride their All Terrain Vehicles (ATVs) (four wheelers) on the property. Herman kept repairing the fence and put up large no trespassing signs, but the break-ins continued. After six months of regular break-ins, Herman decided to take matters into his hands. The ATVs had created a track that they followed. Herman dug large holes in the track, large enough that an ATV would be disabled when it hit the hole. He dug several of these holes on the regularly used track and then covered them up so that they could not be seen by an ATV driver. The next Saturday, Eddie Haskell and several friends cut the fence on Herman's property in order to go ATVing. Eddie was in the lead and was going approximately 35 mph when he hit the first hole. The ATV flipped when it hit the hole and landed on top of Eddie. Eddie survived but was paralyzed from the waist down. He sued Herman for negligently causing his injuries. Eddie will:

  1. win because Herman intended to cause him severe bodily harm.
  2. Win because Herman had a duty to protect trespassers from unreasonable risk of harm
  3. Lose because Eddie was trespassing and Herman had no trespassing signs up.
  4. Lose because Herman has a constitutional right to protect his property in any manner he chooses.
  5. 3 & 4 are correct.

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