Legal Opinion

Eason v. Miller

Court of Appeals of Georgia

Decided February 12, 1980No. 58826PublishedCited by 5 opinions

1Opinion of the Court

Sognier, Judge.

This is a "dog bite” case. Defendant’s Great Dane bit the minor plaintiff while she was petting it. Plaintiffs appeal the grant of summary judgment to defendant dog owner; we affirm.

Defendant’s affidavits pierced the pleadings as to any vicious propensity of the dog. The plaintiff was obliged to produce some evidence from which it could be found that defendant’s dog had a propensity for the mischief complained of, and that the defendant knew of this specific propensity. Mack v. Galbreath, 149 Ga. App. 856 (256 SE2d 151) (1979). Plaintiffs rely upon a definition of a Great Dane…

2Cases cited5 opinions

  1. Banks v. AdairCourt of Appeals of Georgia · 1978
  2. Connell v. BlandCourt of Appeals of Georgia · 1970
  3. McCree v. BurksCourt of Appeals of Georgia · 1973
  4. Wright v. MorrisCourt of Appeals of Georgia · 1977
  5. Mack v. GalbreathCourt of Appeals of Georgia · 1979

3Cited by5 opinions

  1. Royer v. Pryor Ex Rel. PryorIndiana Court of Appeals · 1981
  2. Marshall v. PersonCourt of Appeals of Georgia · 1985
  3. Smith v. CulverCourt of Appeals of Georgia · 1984
  4. Wells v. BeachCourt of Appeals of Georgia · 1984
  5. Clinkscales v. HammonsCourt of Appeals of Georgia · 1981

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