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SHAW v. JOYCE

No. 665.

106 S.E.2d 459 (1959)

249 N.C. 415

Joe Barker SHAW v. Ramey (Raymond) JOYCE.

Supreme Court of North Carolina.

January 14, 1959.

Attorney(s) appearing for the Case

J. H. Blalock and Edward N. Swanson, Pilot Mountain, for plaintiff appellant.

Wilson Barber, Mt. Airy, for defendant appellee.

RODMAN, Justice.

The measure of defendant's duty as owner of the mule to prevent it from roaming on the highway is concisely stated in Gardner v. Black, 217 N.C. 573, 9 S.E.2d 10, 11. It is there said: "The liability of the owner of animals for permitting them to escape upon public highways, in case they do damage to travelers or others lawfully thereon, rests upon the question whether the keeper is guilty of negligence in permitting them to escape. In such case the...

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