Opinion

Williams v. Tysinger

  • 97 N.C. App. 438
  • 388 S.E.2d 616
  • 1990 N.C. App. LEXIS 133
Court
Court of Appeals of North Carolina
Filed
Feb 20, 1990
Status
Published
Author
Phillips
On the bench
Parker, Phillips, Wells
Cited by
1 cases

The opinion

Judge PHILLIPS

dissenting.

Plaintiff’s action does not fit into the “keeping a dangerous animal” niche that the majority confines it to. The main thrust of the complaint, her evidence, and her argument here is that defendants were negligent in inviting and encouraging inexperi *442 enced children to go into the horse lot by themselves and play with the animal. In my view, however tame and mild the animal may have appeared to the defendants, gratuitously encouraging young children unfamiliar with large animals to go in a lot and play with a horse by themselves is evidence of negligence, and the jury should have been permitted to consider it.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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