Sellers v. Woods

Court of Appeals of Georgia

Sellers v. Woods

199 S.E.2d 555, 129 Ga. App. 383

CourtCourt of Appeals of Georgia

DecidedJune 27, 1973

Docket48162, 48163, 48164

StatusPublished

Cited by3 cases

This text of 199 S.E.2d 555 (Sellers v. Woods) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sellers v. Woods, 199 S.E.2d 555, 129 Ga. App. 383 (Ga. Ct. App. 1973).

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Opinion

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 be proved in order for plaintiff to recover. The fact that the dogs were allowed to be unattended in violation of the county law is immaterial. Harvey v. Buchanan, 121 Ga. 384 (49 SE 281); Langford v. Eskedor, 30 Ga. App. 799 (119 SE 431); Connell v. Bland, 122 Ga. App. 507 (177 SE2d 833). The defendants are entitled to judgment as a matter of law.

Judgments reversed with direction to enter judgments for the defendants.

Deen and Quillian, JJ., concur.

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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 be proved in order for plaintiff to recover. The fact that the dogs were allowed to be unattended in violation of the county law is immaterial. Harvey v. Buchanan, 121 Ga. 384 (49 SE 281); Langford v. Eskedor, 30 Ga. App. 799 (119 SE 431); Connell v. Bland, 122 Ga. App. 507 (177 SE2d 833). The defendants are entitled to judgment as a matter of law.

Judgments reversed with direction to enter judgments for the defendants.

Deen and Quillian, JJ., concur.

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199 S.E.2d 555, 129 Ga. App. 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-woods-gactapp-1973.

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