Miller Ex Rel. Yeager v. Snipes

GRAHAM, Judge.

To recover for injuries inflicted by a domestic animal, a plaintiff must allege and prove: (1) That the animal was dangerous, vicious, mischievous, or ferocious, or one termed in law as possessing a vicious propensity;»and (2) that the owner or keeper knew or should have known of the animal’s vicious propensity, character, and habits. Swain v. Tillett, 269 N.C. 46, 152 S.E. 2d 297; Sellers v. Morris, 233 N.C. 560, 64 S.E. 2d 662; Patterson v. Reid, 10 N.C. App. 22, 178 S.E. 2d 1.

In support of their motion for summary judgment defendants offered evidence tending to show that…