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
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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