Carter v. Ide

Hall, Presiding Judge.

In an action for injuries received by the son from a. dog, father and son plaintiffs, appeal from the grant of summary judgment to the defendant owner.

1. Appellee’s motion to dismiss is denied. Buffalo Holding Co. v. Shores, 124 Ga. App. 868 (186 SE2d 339).

2. The evidence is substantially undisputed. The issue is whether plaintiff has presented specific facts creating a genuine issue on scienter in rebuttal to defendant’s denial by affidavit that he had any knowledge the dog had ever attacked, bitten or menaced any person. Plaintiffs and defendant are next door…