SINK v. MOORE

No. 440.

148 S.E.2d 265 (1966)

267 N.C. 344

Larry Eugene SINK, By His Next Friend, Edwin T. Pullen, III, v. William MOORE, James D. Felton and wife, Katie H. Felton. Louise A. HALL v. William MOORE, James D. Felton and wife, Katie H. Felton.

Supreme Court of North Carolina.

May 25, 1966.


Attorney(s) appearing for the Case

Deal, Hutchins & Minor, Winston-Salem, for plaintiff appellants.

Womble, Carlyle, Sandridge & Rice, by Irving E. Carlyle and Allan R. Gitter, Winston-Salem, for defendant appellee William Moore.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, by R. M. Stockton, Jr., and J. Robert Elster, Winston-Salem, for defendant appellees James D. Felton and wife, Katie H. Felton.


LAKE, Justice.

The scene of this occurrence was in a residential area outside the limits of the city of Winston-Salem. Consequently, no city ordinance requiring dogs to be kept under restraint is involved. G.S. § 106-381 provides that "[w]hen an animal becames vicious or a menace to the public health," its owner may not permit the animal to leave the premises on which it is kept unless it is on a leash and in the care of a responsible person.

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