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LANGFORD v. SHU

No. 242.

128 S.E.2d 210 (1962)

258 N.C. 135

Athlyn B. LANGFORD v. Midgie L. SHU.

Supreme Court of North Carolina.

November 21, 1962.

Attorney(s) appearing for the Case

McDougle, Ervin, Horack & Snepp and C. Eugene McCartha, Charlotte, for plaintiff, appellant.

Boyle, Alexander & Wade, Charlotte, for defendant, appellee.

SHARP, Justice.

This case involves a practical joke which caused unintended injury. However, the fact that it is a practical joke which is the cause of an injury does not excuse the perpetrator from liability for the injuries sustained. 52 Am.Jur., Torts, Sec. 90; 86 C.J.S. Torts § 20. Where voluntary conduct breaches a duty and causes damage it is tortious although without design to injury. 62 C.J., Torts, Sec. 22.

If an act is done with the intention...

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