Wednesday, September 26, 2012

Pegg v. Gray


a.       Facts- D and P had adjoining plots of land. P had cattle in his land while D kept hounds for the sport purpose of hunting foxes. During hunting season, D would let the hounds loose to chase the foxes. The hounds would go on to D’s land and disrupt the cattle, causing damage. P sued for trespass.
b.      Procedural History- Trial court dismissed trespass case, N.C. Supp Ct reversed
c.       Issue- Whether a person who intentionally lets their hounds loose on another’s property for the sport purpose of fox hunting can be liable for trespass.
                                                              i.      Whether a person who intentionally lets their dogs loose can be liable for trespass
d.      Holding- Yes, a person who knowingly lets loose their hounds on another’s property for the sport purpose of hunting can be liable for trespass.
e.       Rule- In absence of permission, an owner of dogs is liable for trespass if said dogs go on another’s property, even though the owner himself is not on the land.
f.       Rationale- You are responsible for the things you put on another’s land

1 comment:

  1. I'm curious if this is actually a case, and if it is still the law in NC in 2015. Hunters are not responsible for deaths or damage done by their hunting dogs in NC.

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