Legal Opinion

Wilkins v. Beverly

Court of Appeals of Georgia

Decided November 12, 1971No. 46638PublishedCited by 5 opinions

1Opinion of the Court

Deen, Judge.

Although Code § 62-601 relating to the fencing of animals in stock-law counties has been superseded by Code Ann. § 62-1604 which makes the provisions state-wide, the duty of the owner is the same in both instances. "The mere fact that livestock is running at large permits an inference that the owner is negligent in permitting the livestock to stray; but when the owner introduces evidence that he has exercised ordinary care in the maintenance of the stock, that permissible inference disappears.” Green v. Heard Milling Co., 119 Ga. App. 116 (166 SE2d 408) following Porier v. Spivey,…

2Cases cited3 opinions

  1. Porier v. SpiveyCourt of Appeals of Georgia · 1958
  2. Green v. Heard Milling CompanyCourt of Appeals of Georgia · 1969
  3. Law v. HulseyCourt of Appeals of Georgia · 1964

3Cited by5 opinions

  1. Pouncey v. AdamsCourt of Appeals of Georgia · 1992
  2. John Hewell Trucking Co., Inc. v. BrockCourt of Appeals of Georgia · 1999
  3. Carver v. KinnettCourt of Appeals of Georgia · 1993
  4. Johns v. MarlowCourt of Appeals of Georgia · 2001
  5. Johns v. MarlowCourt of Appeals of Georgia · 2001

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