Morse v. . Nixon
Supreme Court of North Carolina
Actioh, trespass vi et armis for killing a liog, the property of the plaintiff, tried before ITeath, J., at the last Spring Term of New-Hanover Superior Court. The defendant relied on the plea of “justification,” and proved a special killing by the hog of a chicken and another attempt to do so, in" order to establish that the hog in question, had the reputation of “ a chicken eating hog.”. This evidence was objected to, but admitted by his Honor. The plaintiff excepted.
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Actioh, trespass vi et armis for killing a liog, the property of the plaintiff, tried before ITeath, J., at the last Spring Term of New-Hanover Superior Court. The defendant relied on the plea of “justification,” and proved a special killing by the hog of a chicken and another attempt to do so, in" order to establish that the hog in question, had the reputation of “ a chicken eating hog.”. This evidence was objected to, but admitted by his Honor. The plaintiff excepted. There was evidence, also, that the hog, when killed, was about seventy-five yards from the public road, near the fence of…
1Opinion of the CourtPeaesok, C. J.
We do not concur in the opinion of his Honor as to the right of killing hogs that are in the habit of eating chickens. The position that such a hog is a public nuisance, and may be killed by any one, is not supported on principle or authority, and if recognised, would lead to monstrous consequences. Allow such a right, and the peace of society cannot be preserved, for its exercise would stir up the most angry passions, and necessarily result in personal collisions. This Court is of opinion that the owner of the chicken —much less a stranger could not justify killing the hog, although it…
2Cited by9 opinions
- State v. . NealSupreme Court of North Carolina · 1897
- State v. . SmithSupreme Court of North Carolina · 1911
- State v. SmithSupreme Court of North Carolina · 1911
- Dodson v. . MockSupreme Court of North Carolina · 1838
- Means v. MorganAlabama Court of Appeals · 1911
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