Curlee v. . Scales

As we understand the record, the Superior Court, in the exercise of its appellate jurisdiction, took the view, and accordingly held, that the above instruction deprived the defendant of the right to use such force as was necessary, but only such as was necessary, to protect his property, and we cannot say there was error in the ruling. Kirkpatrick v. Crutchfield, 118 N. C., 348, 100 S. E., 602; 2 R. C. L., 555; note 25, A. L. R., p. 542.

One in possession of property, either as owner, or as agent or servant of the owner, has the right to defend and protect it against aggression, and in so…