PAGE TWO
I—SECTION TWO
fThis is
the Law
fmm
By ROBERT E. LEE
(For the N. C. Bar Association)
Bulls
In a case coming out of Hen
derson County, North Carolina,
an employee on a farm was
seriously injured as the result
of being gored by a bull he was
instructed to take to a pas
ture. The injured plaintiff did
not .give any evidence that the
bull had ever attacked any oth
er person or had given signs
of having a “vicious propensi
ty.” He did not recover. In
fact- the trial judge did not al
fa glass of beer
means many things
To the nation, the name Pinehurst means an
Ideal -winter resort— golfing under warm
eouthem skies ... lawn bowling, horse shows,
the steeplechase, polo or skeet. And—to
North Carolinians it means so much more
... it means civic pride in their state’s
beauty, genuine southern hospitality and
expanding economy.
So, too, a glass of beer means many things to
Tar Heels—it has meant some 90 million
dollars to the North Carolina tax economy
during the past 26 years. This symbol of light,
bright refreshment means relaxed comfort aftet
s day’s activities ia this famous southern
leaort.
. 1 T
• ' ■■>y:'_. '---’ ‘ '‘ '
Sifß STBriiftfSlli
Pontiac’s Catalina! Trophy V-8 Power.
Wide-Track balance. Nothing handles iiPrriwgß
like it, hustles like it. No car anywhere
I near its price is anywhere near it. Drive ™ ®
PONTIK-THE ONLY WIDE TUCK Ml!
one and you’ll have one delivered. Pontiac has the widest track of any car.
Body width trimmed to reduce side over
hang. More weight balanced between the
NiW BRIKD OP “CAT” PROM PONTIAC I wheels tor sure-footed driving stability.
Pontiac Catalina!
SEE YOUR LOCAL AUTHORIZED PONTIAC DEALER
f Colonial Motor Company of Edenton f *'
105-109 East Queen St. ~ Dealer's Licena# No. 1383 '4
EDENTOW, NORTH CAROLINA v
- '• *
low the case to go to the jury;
it was nonsuited.
The opinion of the Supreme
Court of North Carolina in this
case is a legal classic. It ap
pears in Banks vs. Maxwell,
205 N. C. 233, decided in 1933.
The opinion is far more inter
esting than the usual run of
Supreme Court decisions and
for this reason is reproduced in
its entirety:
“What are the essentials of
liability for injury inflicted by
a bull?
“The ancestry and social
standing of a bull antedates the
pyramids of Egypt. Indeed, the
written record reveals that in
the first civilization along the
stretches of the Nile a bull was
a god. He was an emblem and
symbol of vitality and ancient
Egyptians worshipped vitality.
The same impulse therefore
that constructed the pyramids
also endowed the bull with di
vinity.
“It is true that his fighting
qualities have often been used
for describing fear. For in
stance, the Sweet Singer of
Israel, attempting to describe
his sense of fear and depression,
write: ‘Many bulls have com
passed me; strong bulls of
Bashan ' have beset me round.
THE CHOWAN HERALD, - EDENTON, NORTH CAROLINA. THURSDAY, APRIL 20, 1961.
t
Seeks Re-election
► . i*
wf, s c -
AL PHILLIPS
Al Phillips has filed as a can
didate for re-election as Coun
cilman from the Second Ward
in tha .municipal election Tues
day. May 2. Mr. Phillips has
served one term.
They gaped upon me with their
mouths as a ravening and roar
ing lion.’ Psalms 22:12-13.
“The familiar rule of liability
for injuries inflicted by cattle
has remained approximately
constant for more than three
thousand years. This rule of
liability was expressed by Mos
es in the following words: 'lf
an ox gore a man or a woman
that they die; then the ox shall
be surely stoned and his flesh
shall not be eaten, but the own
er of the ox shall be quit. But
if the ox were wont to push
with his horn in time past, and
it hath been testified to his
owner, and he hath not kept
him in, but that he hath killed
a man or a woman; the ox shall
be stoned, and his owner also
shall be put to death. If there
be laid on him a sum of money,
then he shall give for the ran
som of his life whatsoever is
laid upon him.’ Ex. 21:28-30.
"This Court declared in Rec
tor vs. Coal Co., 192 N. C. 804,
136 S. E. 113, that a person in
jured by a domestic animal, in
order to recover damages, must
show two essential facts: (1)
'The animal inflicting the in
jury must be dangerous, vicious,
mischievous or ferocious, or
one termed in the law as pos
sessing a vicious propensity. (2)
The owner must have actual or
constructive knowledge of the
vicious propensity, character and
habits of the animal’. The same
principal was announced in
Cockerham vs. Nixon, 22 N. C,
269, this case involved an in
jury committed by a bull.
“In the case at bar there was
no evidence offered tending to
show that the bull had ever
attacked a person or threatened
to do so, nor that he was ‘wont
to push with his horn in time
| past’; nor was there evidence
that the owner had actual or
constructive knowledge of any
vicious propensity of the ani
mal. It is true that a witness
said that each morning When
the bull was turned out of the
pen ‘he would bellow, paw the
ground, and burrow in the
ground vith his head’. Those
bred to the soil perhaps know
that such acts on the part of
a normal bull constituted per
se no more than boastful pub
licity or propaganda, doubtless
designed by the animal to in
form his bovine friends and ad
mirers that he was arriving
upon the scene.”
Legal Notices
NOTICE OF ADMINISTRATION
Having qualified as Execu
trix of the Estate of Gurnie C.
Hobbs, deceased, late of Cho
way County, North Carolina,
this is to notify all persons hav
ing claims against the estate of
said deceased to exhibit them
*to ithe undersigned at Edenton,
North Carolina, on or before the
13th day of April, 1962, or this
notice will be pleaded in bar of
their recovery. All persons in
debted to said estate will please
make immediate payment.
This April 8, 1961.
HATTIE H. HOBBS,
Executrix of Estate
of Gurnie C. Hobbs.
Apr 13,20,2
EXECUTRIX NOTICE
Having qualified as executrix
of the estate of Ernest W. Leary,
deceased, late of Chowan Coun
ty, North Carolina, this is to no- 1
BUfflf *" '~‘ It/I V ' "‘ii'** ... K »€*■
■H fylJwAl 18 Jt
"* ' Hp- - | . a * Y ' '''i^-**-*-•••<£*’ Ylffll^^RF^J^sHSßSsHßSKPpi/*
: 1 } ? t | * ...
•iBgMW 1 | w m . J m mm. -■m fl«P?i£—»iiiwiiim».-.
9HHB' ... |||B
MB ~*» , Vv I |H»H
; '; s?' : l ■— X- \''i>' c > ■ ' f .%.^?^' : ( ' | f j llSijMßSßiHllil^^
'm. A J&% ' •-* > ~ydL ! ( |
♦ -■■:, •< »:--■»- tI7 A 1 - Jw,
cMm- W * *-* .B* i n '*t ,# '> a ? , * , *«*«» WS&^bEHI
gK#.. JHB Wm -- ] , JL t fM ■P^MWP
j -B j
** .. •• ’pp|PPß| IH 1 | .|>gp» | • '
r j .® w oiif^
Ja -&&■■' ■ a % I | I ! fit* *i
> : 5S^3;? : ■, -v, : ..afc. §M "ViKi ' sMMfifl
&;. VMK. 3 bMh 4*BR:^
' %. r IHiL . Jtß - -A- •7....'--'
*‘ * .’ * A X ‘ ’ <'•% %■ J
Iresh • • • one to grow on-both to go on!
Today’s newest trend is the 2-milk family. On-the-grow people find energy-packed Maola Homogenized
Vitamin D milk the liquid fuel; gives them a lift without a letdown. For weight watchers, Maola Trim
helps keep the waistline under control. Low in calories, it has more of the extras dieters need. So zip into
spring with these high-protein refreshers. They’re just right for on-the-go people like you.
,
/resA means protein fresh
tify all persons having, claims
against the estate of said de
ceased +o present them to the
undersigned within one yeai
from date of this notice or same
will be pleaded in bar .of their
recovery. All persons indebted
to said estate will please make
immediate payment.
This 6th day of April, 1961.
MYRTLE R. LEARY,
Executrix of Ernest W. Leary
Estate.
Apr6,13,20,27,May4,11c
EXECUTRIX notice
Having qualified as Executrix
of the estate of Carl B. Cease,
deceased, late of Chowan Coun
ty, North Carolina, this is to
notify all persons having claims
against the estate of said de
ceased to present them to the
undersigned within one year
from date of this notice or same
will be pleaded in bar of their
recovery. All persons indebted
to said estate will please make
immediate payment.
This 16th day of March, 1961.
MRS. CARRIE P. CEASE,
Executrix of
Carl B. Cease Estate.
Marl 6.23,30,Apr6,13,20c
ADMINISTRATRIX NOTICE
Having qualified as administra
trix of the estate of G. L. Lamb,
deceased, late of Chowan Coun
ty, North Carolina, this is to no
tify all persons having claims
against the estate of said de
ceased to present them to the
undersigned within one year
from date of this notice or same
will be pleaded in bar of their
to said estate will please make
immediate payment.
This 16th day of March, 1961.
MARIA L. SKINNER,
Administratrix of
G. L. Lamb.
Mar16,23,30,Apr6,13,20p
ADMINISTRATRIX NOTICE
Having qualified as Adminis
> tratrix of the estate of (Minnie
■ Moore Rountree, deceased, late
of Chowan County, North Caro
lina, this is to notify all per
sons having claims against the
estate of said deceased to pre
sent them to the undersigned
within one year from date of
this notice or same will be
pleaded in bar of their recov
. ery. All persons indebted to
said estate will please make
immediate payment.
This 20th day of April, 1961.
MINNIE BELLE
ROUNTREE,
Administratrix of
I Minnie Moore Rountree.
I Apr20,27,May4,11,18,25c
■I
j North Carolina,
I Chbwan County. - ■v’
■ ... NOTICE
. Under and by virtue of .the
power of sale contained in a cer
tain Deed of Trust executed by
Sherman Spruill and wife,-Alma
W. Spruill to Marvin Wilson,
Trustee dated the 9th day of'
April, 1949, and recorded in
Book 59, Page 290 in the of-j
fice of the Register of Deeds
of Chowan County, North Caro
lina; and under and by virtue
of the ’authority vested in the
undersigned as substituted Trus
tee by instrument of writing
dated March 21, 1961, and re
corded in Bock 16, page 49 in
the office of the Register / of
Deeds of Chowan County; de
fault having been made in the I
payment of the indebtedness |
thereby secured and the said j
Deed of Trust being by the
terms thereof subject to fore
closure, and the holder of the
indebtedness thereby secured
having demanded a foreclosure
thereof for the purpose of satis
fying said indebtedness, the un
dersigned substituted Trustee
will offer for sale at public auc
tion to the highest bidder for
cash at the Court House door
in Edenton, North Carolina, at !
ll:3l) o’clock A. M., on the 24th 1
day of April, 1961 the land con-]
veyed in said Deed of Trust, the
same being in the Town of i
Edenton, Chowan County, North
Carolina and more particularly
described as follows:
Beginning at Bodwell Paling’s
line on Albemarle Street, thence
thence westwardly 33 feet to
John Scott’s line; thence north
wardly with said John Scott’s
line 165 feet to Albemarle Street;
thence Eastwardly 33 feet to the
place of beginning and being the
same property conveyed to Sher
man Spruill by William S. El
liott and. wife.
This 25th day of March. 1951.
JOHN W. GRAHAM,
Substituted Trustee.
MarJOAerd, 13,20 c
YOUR VOTE AND SUPPORT
WILL BE APPRECIATED
RICHARD D. DIXON, JR.
CANDIDATE FOR
Councilman First Ward
In The Municipal Election
Tuesday, May 2, 1961
Cons rayer is the desire
to do right.—Mary Baker Eddy.
E. L. Pearce
SEEDSMAN
Phone 3839 Edenton