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HEATH v. BD. OF COM'RS OF GUILFORD COUNTY

No. 63.

233 S.E.2d 889 (1977)

292 N.C. 369

In the Matter of Ted HEATH, by and through his father, Donald Heath, Plaintiff, v. BOARD OF COMMISSIONERS OF GUILFORD COUNTY, Defendant and Third-Party Plaintiff, v. Lloyd S. FREEMAN, Third-Party Defendant.

Supreme Court of North Carolina.

April 14, 1977.

Attorney(s) appearing for the Case

William L. Daisy, Asst. County Atty., Greensboro, for defendant and third-party plaintiff-appellant.

Bencini, Wyatt, Early & Harris by William E. Wheeler, High Point, for third-party defendant-appellee.

Gardner & Tate by Rossie G. Gardner and Raymond A. Bretzmann, High Point, for plaintiff-appellee.

SHARP, Chief Justice.

In 1973 G.S. 67-13 (1965) provided:

"[I]t shall be the duty of the county commissioners, upon complaint made to them of injury to person or injury to or destruction of property by any dog, upon satisfactory proof of such injury or destruction, to appoint three freeholders to ascertain the amount of damage done, including necessary treatment, if any, and all reasonable expenses incurred, and upon the coming in of the report of such jury...

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