Ash v. Spear

Quillian, Judge.

This action for damages arose out of a collision on July 5,1973, between a motorcycle driven by the plaintiff and a dog owned by the defendant. The trial judge sustained the defendant’s motion for summary judgment and appeal followed.

The complaint alleged that the defendant’s dog had a dangerous propensity for chasing and biting at motorcycles and motorcyclists and that the defendant knew of such propensity. We are presented with the question as to whether there was a genuine issue of material fact in this regard. Held:

Here the defendant in his affidavit stated: "that during…