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HERNDON v. ALLEN

No. 92.

116 S.E.2d 728 (1960)

253 N.C. 271

Charles M. HERNDON, Pennsylvania Threshermen & Farmers' Mutual Insurance Companies, and Nationwide Insurance Company, v. AIex ALLEN and Margaret Davis Allen, Janie Davis Griffin and R. L. Davis, III, Heirs of F. M. Davis, Sr., t/a A Partnership.

Supreme Court of North Carolina.

November 2, 1960.

Attorney(s) appearing for the Case

Robert M. Harcourt, Norfolk, Va., James & Speight, W. H. Watson, Greenville, for plaintiff-appellants.

Lewis & Rouse, Farmville, for defendant-appellees.

WINBORNE, Chief Justice.

In this State "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 same rule in regard to what is and what is not negligence obtains as ordinarily in other situations. It is the legal...

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