MACKLIN v. DOWLER

No. 8117SC48.

281 S.E.2d 164 (1981)

Ruth M. Levy MACKLIN v. Dr. John DOWLER v. Roy J. ALLEY

Court of Appeals of North Carolina.

August 18, 1981.


Attorney(s) appearing for the Case

Gwyn, Gwyn & Morgan by Allen H. Gwyn, Jr., Reidsville, for defendant-appellant.

Leigh Rodenbough, Madison, for plaintiff-appellee.


BECTON, Judge.

I

At the outset, it should be noted that this is not a traditional dog-bite case in which the very old and out-dated rule of law — "every dog is entitled to one bite" — applies. Nor is this a case under the subsequently followed rule that "trial courts undertake to judge ... the vicious propensities of animals by their behavior, although it may fall short of actual injury." Hill v. Moseley, 220 N.C. 485, 488-89, 17 S.E...

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