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Turner v. Irvin

246 S.E.2d 127, 146 Ga. App. 218, 1978 Ga. App. LEXIS 2313
CourtCourt of Appeals of Georgia
DecidedJune 15, 1978
Docket55487
StatusPublished
Cited by14 cases

This text of 246 S.E.2d 127 (Turner v. Irvin) 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.

Bluebook
Turner v. Irvin, 246 S.E.2d 127, 146 Ga. App. 218, 1978 Ga. App. LEXIS 2313 (Ga. Ct. App. 1978).

Opinions

Quillian, Presiding Judge.

The plaintiff filed an action for damages resulting from injuries he sustained when he was knocked off his motorcycle in a collision with defendant’s dog. The defendant’s motion for summary judgment was granted and this appeal followed. Held:

1. The trial judge did not err in granting defendant’s motion based on the finding that the defendant lacked knowledge of the animal’s propensity to do harm of the type which was inflicted. Carter v. Ide, 125 Ga. App. 557 (188 SE2d 275); McNair v. Jones, 137 Ga. App. 13 (223 SE2d 27).

2. "Where there is a lack of scienter even the breach of a leash law is not sufficient to hold the owner responsible for the acts of the dog. Connell v. Bland, 122 Ga. App. 507, 510 (177 SE2d 833) and cases therein cited and discussed.” Jett v. Norris, 133 Ga. App. 596 (2) (211 SE2d 639).

Judgment affirmed.

Bell, C. J., Webb, Smith, Shulman and Birdsong, JJ., concur. Deen, P. J., and Banke, J., concur specially. McMurray, J., dissents.

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Turner v. Irvin
246 S.E.2d 127 (Court of Appeals of Georgia, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
246 S.E.2d 127, 146 Ga. App. 218, 1978 Ga. App. LEXIS 2313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-irvin-gactapp-1978.