Sellers v. Woods

Bell, Chief Judge.

Plaintiff sued the defendants in these cases to recover personal injuries caused by their alleged negligence in permitting their respective dogs to be unattended and out of control off their premises in violation of the DeKalb County Animal Control Law. The defendants’ motions for summary judgment were denied. Held:

We reverse. The parties stipulated that there was no evidence that any of the dogs were in any way vicious. In view of this stipulation, it necessarily follows that there can be no knowledge on the part of the defendants. Scienter is an essential element that must…