Mack v. Galbreath

Full title: MACK et al. v. GALBREATH et al

Court: Court of Appeals of Georgia

Date published: May 8, 1979

256 S.E.2d 151 (Ga. Ct. App. 1979)

256 S.E.2d 151

Opinion

57443.

ARGUED MARCH 6, 1979.

DECIDED MAY 8, 1979.

Action for damages. Clayton Superior Court. Before Judge Crumbley.

McAllister Roberts, J. Dunham McAllister, for appellants.

Dennis, Corry, Webb, Carlock Williams, Robert E. Corry, Jr., Douglas W. Smith, for appellees.

BANKE, Presiding Judge.

Plaintiffs brought an action for damages resulting from his motorcycle collision with the defendants dog. This appeal is from the grant of defendants' motion for summary judgment. Held:

To defeat the motion for summary judgment, the plaintiff was obliged to show some evidence from which it could be found that defendants' dog had a propensity for the mischief complained of, and that the defendants knew of this specific propensity. Turner v. Irvin, 146 Ga. App. 218 ( 246 S.E.2d 127) (1978); McNair v. Jones, 137 Ga. App. 13 ( 223 S.E.2d 27) (1975). The defendants submitted affidavit and deposition evidence to the contrary, and there is nothing in the record to controvert this evidence. Accordingly, the trial court did not err in granting the defendants' motion for summary judgment. The principle stated here and in the earlier cases cited was recently reaffirmed in Banks v. Adair, 148 Ga. App. 254 ( 251 S.E.2d 88) (1978), involving a directed verdict in a dog-bite case. Judgment affirmed. Underwood and Carley, JJ., concur.

ARGUED MARCH 6, 1979 — DECIDED MAY 8, 1979.