Legal Opinion

Sellers v. Morris

Supreme Court of North Carolina

Decided May 2, 1951No. 534PublishedCited by 11 opinions

1Opinion of the CourtBaeNhill, J.

“If an ox gore a man or a woman, that they die: then the ox shall be surely stoned . . . but the owner of the ox shall be quit. But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman . . . his owner also shall be put to death.” Exodus 21:28, 29.

The philosophy of liability of an owner for damages inflicted by a domestic animal underlying this law of Moses is so sound and just in principle that it has survived the ages.

To entitle plaintiff to recover for. injuries, he must allege…

2Cases cited4 opinions

  1. Plumidies v. . SmithSupreme Court of North Carolina · 1942
  2. Alexander v. CrochettMissouri Court of Appeals · 1939
  3. McComas v. SandersSupreme Court of Kansas · 1941
  4. Pridgen v. S. H. Kress & Co.Supreme Court of North Carolina · 1938

3Cited by11 opinions

  1. Swain v. TillettSupreme Court of North Carolina · 1967
  2. Miller Ex Rel. Yeager v. SnipesCourt of Appeals of North Carolina · 1971
  3. Holcomb v. Colonial Associates, L.L.C.Supreme Court of North Carolina · 2004
  4. Griner v. SmithCourt of Appeals of North Carolina · 1979
  5. Joslyn Ex Rel. Joslyn v. BlanchardCourt of Appeals of North Carolina · 2002

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