Legal Opinion

Levy v. McKay

Court of Appeals of Georgia

Decided March 8, 1979No. 57172PublishedCited by 1 opinion

1Opinion of the Court

Quillian, Presiding Judge.

The plaintiff brought an action for injuries she sustained upon being attacked and bitten by a dog owned by the defendants. This appeal followed the trial judge’s grant of a motion for summary judgment by the defendants. Held:

"[T]he two essential elements that must be proved in order to recover in a case of this nature are: (1) the animal has a vicious or dangerous character, and (2) knowledge of this propensity on the part of the owner.” Wright v. Morris, 143 Ga. App. 571 (239 SE2d 225).

Here by affidavits the two defendants denied any knowledge of any vicious…

2Cases cited3 opinions

  1. Banks v. AdairCourt of Appeals of Georgia · 1978
  2. McCree v. BurksCourt of Appeals of Georgia · 1973
  3. Wright v. MorrisCourt of Appeals of Georgia · 1977

3Cited by1 opinion

  1. Clinkscales v. HammonsCourt of Appeals of Georgia · 1981

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