Harris v. . Fisher
Supreme Court of North Carolina
ActioN for damages alleged to have been- caused by the dogs of the defendants, tried at Fall Term, 1894, of Randolph Superior Court, his Honor Judge Bryan presiding.
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ActioN for damages alleged to have been- caused by the dogs of the defendants, tried at Fall Term, 1894, of Randolph Superior Court, his Honor Judge Bryan presiding. There was evidence on the part of the plaintiff tending to show that the defendants were the owners, and one Bevins the keeper in charge, of what was known as the “ Randolph Kennels,” the defendants having established the same for the purpose of keeping, training and raising dogs; that among the dogs kept on the premises, not by the “ Kennels,” there was a large black colley dog, the property of Bevins’ wife, as claimed by the…
1Opinion of the Court
Clark, J.:
The evidence objected to was properly admitted. It was corroborative of the evidence as to the bad character of the dogs, and also tended to confirm plaintiff’s version of the manner of the accident. Defendant, however, further excepted to the addition by the Court to the fifth prayer for instruction. By that addition the Court, in effect, charged the jury that the defendants were liable, if the injury was caused by dogs belonging either to the defendants or their agent living on the place, if said dogs were ferocious and mischievous, and so known to be by the defendants. The…
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