# Knight v. . Foster

> Supreme Court of North Carolina · October 22, 1913 · 163 N.C. 329

URL: https://www.frixlaw.com/law-library/cases/9809766

## Case

- **Full name:** Eugene S. Knight v. Gertrude S. Foster.
- **Court:** Supreme Court of North Carolina
- **Decided:** October 22, 1913
- **Citations:** 163 N.C. 329; 79 S.E. 614; 1913 N.C. LEXIS 176
- **Precedential status:** Published
- **Opinion:** Concurrence by Walker
- **Judges:** Clabk, Walker, Beown
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9809766

## Opinion text

Walker, J.,
concurring: I concur in all that is decided by the opinion of the Court. I do not assent to the proposition that the “no-fence law” has any application to the case. It was intended to fence in cattle, it is true, and not to fence them out, but it still leaves it optional with the owner of land whether he will fence his premises for their protection or other purposes than barring out straying cattle, and does not increase his responsibility for doing so. There are other roving animals than cattle, and he has the right to keep them out and to erect fences for privacy, or for ornamentation, as much so as he may plant trees for that purpose or erect structures for his comfort and convenience.
BeowN, J., concurs in this opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9809766. Public record. Not legal advice.