Woods v. Simpson

Court of Appeals of Georgia

Woods v. Simpson

109 S.E.2d 72, 99 Ga. App. 538, 1959 Ga. App. LEXIS 900

CourtCourt of Appeals of Georgia

DecidedMay 12, 1959

Docket37669

StatusPublished

Cited by7 cases

This text of 109 S.E.2d 72 (Woods v. Simpson) 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

Woods v. Simpson, 109 S.E.2d 72, 99 Ga. App. 538, 1959 Ga. App. LEXIS 900 (Ga. Ct. App. 1959).

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Opinion

Gardner, Presiding Judge.

The plaintiff herein was, of course, rightfully upon the premises of the defendant. As to this there can be no dispute. However, it appears from the allegations of the plaintiff’s petition that she was well acquainted with the nature of the defendant’s dog and its habit of romping and playing about the defendant’s home wherein the plaintiff was employed as a maid, and that this dog did so without restraint. None of the grounds set forth in the plaintiff’s petition shows any neglect of duty on the defendant’s part as to the plaintiff, such as would constitute negligence under the law. As to the dog’s being allowed to romp about the house unleashed, he was a domesticated animal, and it does not appeal' that he was accustomed to attack persons viciously, but only to romp and play, as do most dogs. As to the plaintiff’s request made to the defendant that she pen this dog, and the failure of the defendant to do so, no negligence appears. While the plaintiff made such request prior to the time the dog ran against her leg, as a result whereof she was knocked down and injured, it does not appear that when the defendant would not pen or leash the animal she quit work, but on the *541 contrary it appears that she continued to work for the defendant thereafter. It appears from the petition that the plaintiff well knew of the propensities of this dog to romp and play and that she was well acquainted with the fact that the hall wherein she walked and which she was using to> answer the call of her mistress at the time she was injured was waxed and was also- slick.

The allegations of this petition show no liability on the part of the defendant, nor any breach of any duty under the law on her part towards the plaintiff such as would, under the law, constitute negligence. The petition of the plaintiff, therefore, failed to set out a cause of action, and when the court sustained the general demurrer to the petition giving the plaintiff ten days to amend, which she did not do, the trial court did not err in making such order and judgment final and dismissing it.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

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Gardner, Presiding Judge.

The plaintiff herein was, of course, rightfully upon the premises of the defendant. As to this there can be no dispute. However, it appears from the allegations of the plaintiff’s petition that she was well acquainted with the nature of the defendant’s dog and its habit of romping and playing about the defendant’s home wherein the plaintiff was employed as a maid, and that this dog did so without restraint. None of the grounds set forth in the plaintiff’s petition shows any neglect of duty on the defendant’s part as to the plaintiff, such as would constitute negligence under the law. As to the dog’s being allowed to romp about the house unleashed, he was a domesticated animal, and it does not appeal' that he was accustomed to attack persons viciously, but only to romp and play, as do most dogs. As to the plaintiff’s request made to the defendant that she pen this dog, and the failure of the defendant to do so, no negligence appears. While the plaintiff made such request prior to the time the dog ran against her leg, as a result whereof she was knocked down and injured, it does not appear that when the defendant would not pen or leash the animal she quit work, but on the *541 contrary it appears that she continued to work for the defendant thereafter. It appears from the petition that the plaintiff well knew of the propensities of this dog to romp and play and that she was well acquainted with the fact that the hall wherein she walked and which she was using to> answer the call of her mistress at the time she was injured was waxed and was also- slick.

The allegations of this petition show no liability on the part of the defendant, nor any breach of any duty under the law on her part towards the plaintiff such as would, under the law, constitute negligence. The petition of the plaintiff, therefore, failed to set out a cause of action, and when the court sustained the general demurrer to the petition giving the plaintiff ten days to amend, which she did not do, the trial court did not err in making such order and judgment final and dismissing it.

Judgment affirmed.

Townsend and Carlisle, JJ., concur.

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Bluebook (online)

109 S.E.2d 72, 99 Ga. App. 538, 1959 Ga. App. LEXIS 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-simpson-gactapp-1959.

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