Banks v. Adair

Birdsong, Judge.

Dog bite case. Mrs. Banks and her minor son brought an action for injuries against Adair, alleging that Adair’s dog had injured the minor child. From the grant of a directed verdict in favor of Adair, Mrs. Banks and son appeal. Held:

"Scienter is a necessary and a material fact which must be shown before there can be any finding of liability against the defendant. Code § 105-110. '[U]nder this section it is still necessary, as at common law, to show not only that the animal was vicious or dangerous, but also that the owner or keeper knew of this fact.’ [Cit.] 'It must appear…