Legal Opinion

Mack v. Galbreath

Court of Appeals of Georgia

Decided May 8, 1979No. 57443PublishedCited by 3 opinions

1Opinion of the Court

Banke, Presiding Judge.

Plaintiffs brought an action for damages resulting from his motorcycle collision with the defendants’ dog. This appeal is from the grant of defendants’ motion for summary judgment. Held:

To defeat the motion for summary judgment, the plaintiff was obliged to show some evidence from which it could be found that defendants’ dog had a propensity for the mischief complained of, and that the defendants knew of this specific propensity. Turner v. Irvin, 146 Ga. App. 218 (246 SE2d 127) (1978); McNair v. Jones, 137 Ga. App. 13 (223 SE2d 27) (1975). The defendants submitted…

2Cases cited3 opinions

  1. Banks v. AdairCourt of Appeals of Georgia · 1978
  2. Turner v. IrvinCourt of Appeals of Georgia · 1978
  3. McNair v. JonesCourt of Appeals of Georgia · 1975

3Cited by3 opinions

  1. Eason v. MillerCourt of Appeals of Georgia · 1980
  2. Clinkscales v. HammonsCourt of Appeals of Georgia · 1981
  3. Niebel v. BurkeCourt of Appeals of Georgia · 1982

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