Legal Opinion

Keener v. Tate

Court of Appeals of Georgia

Decided February 26, 1971No. 45725PublishedCited by 4 opinions

1Opinion of the Court

Bell, Chief Judge.

This is a personal injury case in which the plaintiff was bitten by defendant’s dog. The trial court granted defendant’s motion for summary judgment. Held:

In order to recover in a case of this nature the plaintiff must prove (1) that the animal has a vicious or dangerous character and (2) knowledge of this propensity on the part of the owner. Flowers v. Flowers, 118 Ga. App. 85 (162 SE2d 818); Starling v. Davis, 121 Ga. App. 428 (174 SE2d 214). Defendant in support of her motion for summary judgment denied that she had any knowledge that her dog had ever displayed any…

2Cases cited5 opinions

  1. Chandler v. GatelyCourt of Appeals of Georgia · 1969
  2. Caldwell v. GregoryCourt of Appeals of Georgia · 1969
  3. Flowers v. FlowersCourt of Appeals of Georgia · 1968
  4. Starling v. DavisCourt of Appeals of Georgia · 1970
  5. Carr v. YoungCourt of Appeals of Georgia · 1969

3Cited by4 opinions

  1. Wright v. MorrisCourt of Appeals of Georgia · 1977
  2. Mauldin v. GreenCourt of Appeals of Georgia · 1971
  3. Thomas v. RichardsonCourt of Appeals of Georgia · 1973
  4. Mauldin v. GreenCourt of Appeals of Georgia · 1971

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