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SUTTON v. DUKE

No. 698SC560.

171 S.E.2d 343 (1969)

7 N.C. App. 100

Jimmy Ray SUTTON v. Marvin DUKE, Kinston Fertilizer Company, and Seaboard Coast Line Railroad Company.

Court of Appeals of North Carolina.

Certiorari Allowed March 3, 1970.

Attorney(s) appearing for the Case

Lewis & Rouse, by Robert D. Rouse, Jr., Farmville, for plaintiff appellant.

Aycock, LaRoque, Allen, Cheek & Hines, by C. B. Aycock, Kinston, for defendant appellee Marvin Duke.

Barden, Stith, McCotter & Sugg, by L. A. Stith, New Bern, for defendant appellee Kinston Fertilizer Co.

Spruill, Trotter & Lane, by John R. Jolly, Jr., Rocky Mount, for defendant appellee Seaboard Coast Line R. Co.

MALLARD, Chief Justice.

In Lenoir County the keeper of a pony, mule or other animal is liable under our statutes for negligently permitting such animal to escape and go upon public highways in the event they do damage to travelers or others lawfully thereon. The liability of the keeper rests upon the question of whether the keeper is guilty of negligence in permitting such animal to escape. The same rules as to what is or is not negligence in ordinary situations apply...

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