SEXTON v. BOLICK

No. 8224SC1186.

307 S.E.2d 798 (1983)

Buddy SEXTON and wife, Nancy Sexton v. Cloyd BOLICK and wife, Rose Bolick.

Court of Appeals of North Carolina.

October 18, 1983.


Attorney(s) appearing for the Case

Randal S. Marsh, Boone, for plaintiffs-appellees.

Morris, Golding & Phillips by William C. Morris, Jr., John C. Cloninger and Kathy G. Lindsay, Asheville, for defendants-appellants.


ARNOLD, Judge.

Defendants contend that the trial court erred in denying their motions for directed verdict. They allege that plaintiffs failed to prove facts or circumstances which would establish that defendants did in fact have a duty to keep their horses from "running at large." We agree and hold that defendants' motion for directed verdict should have been granted at trial.

This case was pled and tried in tort. In order to establish negligence on the part...

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