Bost v. . Mingues
Supreme Court of North Carolina
Action, tried before Cloud, I., at Eall Term 1869, of Bowan Court. The following is the case sent up from below: The plaintiff, sued for the hilling of a boar by the defendant. It was in evidence that plaintiff was the owner of an unmarked, white Chester boar; that about the 1st of Oot. 1868, the boar was missing, and has not been since seen by plaintiff.
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Action, tried before Cloud, I., at Eall Term 1869, of Bowan Court. The following is the case sent up from below: The plaintiff, sued for the hilling of a boar by the defendant. It was in evidence that plaintiff was the owner of an unmarked, white Chester boar; that about the 1st of Oot. 1868, the boar was missing, and has not been since seen by plaintiff. It was further in evidence' that he was seen in defendant’s pasture field on Wednesday, the day before he was-killed; the next day after, plaintiff went to defendant’s in search of the boar. It was proved that the boar was valuable…
1Opinion of the CourtEeade, J.
Tbe defendant bad no right to kill tbe bog for what be bad already done: that were to take vengeance. Nor bad be tbe right to kill him to prevent an anticipated mischief; for that might never happen. Nor bad be tbe right to kill him for breaking over tbe fence, to get away from tbe dogs; for that was tbe instinct of self-preservation, incited by tbe violence of tbe pursuit.
It is tbe custom of tbe country that stock shall run at large; and because of tbe unnecessary expense, every owner of stock does not keep a bull or a boar. A few in each neighborhood are sufficient. They are regarded as…
2Cited by2 opinions
- State v. . NealSupreme Court of North Carolina · 1897
- Thompson v. StateSupreme Court of Alabama · 1880