Legal Opinion

Sutton v. Duke

Court of Appeals of North Carolina

Decided March 3, 1970No. 698SC560PublishedCited by 3 opinions

1Opinion of the CourtMallard, C.J.

In Lenoir County the keeper of a pony, mule or other animal is liable under our statutes for negligently permitting such animal to escape and go upon public highways in the event they do damage to travelers or others lawfully thereon. The liability of the keeper rests upon the question of whether the keeper is guilty of negligence in permitting such animal to escape. The same rules as to what is or is not negligence in ordinary situations apply. The person having charge of an animal is under the legal duty to exercise the ordinary care and foresight of a reasonably prudent person in keeping…

2Cases cited16 opinions

  1. Clemmons v. Life Insurance Company of GeorgiaSupreme Court of North Carolina · 1968
  2. Hall v. Coble Dairies, Inc.Supreme Court of North Carolina · 1951
  3. Ratliff v. Duke Power Co.Supreme Court of North Carolina · 1966
  4. Bondurant v. MastinSupreme Court of North Carolina · 1960
  5. Jenkins v. Leftwich Electric CompanySupreme Court of North Carolina · 1961

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Ambrogini v. ToddMontana Supreme Court · 1982
  2. Guy v. GuyCourt of Appeals of North Carolina · 1991
  3. Gibson v. JonesCourt of Appeals of North Carolina · 1970

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