Flowers v. Flowers, 43512
| Decision Date | 25 June 1968 |
| Docket Number | No. 43512,No. 1,43512,1 |
| Citation | 118 Ga.App. 85,162 S.E.2d 818 |
| Parties | Robert E. FLOWERS v. C. L. FLOWERS |
| Court | Georgia Court of Appeals |
Hurt, Hill & Richardson, James C. Hill, Robert L. Todd, Bonneau Ansley, Jr., Atlanta, for appellant.
H. Rhodes Jordan, Lawrenceville, for appellee.
Syllabus Opinion by the Court
1. 'A person who owns or keeps a vicious or dangerous animal of any kind, and who, by careless management of the same, or by allowing the same to go at liberty, causes injury to another who does not, by his own act, provoke the injury, shall be liable in damages to the person so injured.' Code § 105-110.
2. (Emphasis supplied.) Harvey v. Buchanan, 121 Ga. 384, 49 S.E. 281. To support a recovery a plaintiff must show either actual or constructive knowledge by the defendant of the animal's danger to others. Hays v. Anchors, 71 Ga.App. 280(1), 30 S.E.2d 646.
3. In the present case the plaintiff seeks to recover for damages sustained when defendant's German Shepherd dog 'came up from behind plaintiff, brushed against him with great force and knocked plaintiff down and broke his leg.' The defendant, after answering plaintiff's petition and denying all its allegations except as to jurisdiction and ownership of the dog, moved for a summary judgment. In support of his motion the defendant offered the deposition of plaintiff taken for the purpose of discovery and cross examination. The plaintiff offered nothing in opposition to the motion.
From the evidence it appears that the defendant is the plaintiff's son and lives across and down the road; that the dog had been on the plaintiff's property many times; that the dog had never snarled or growled at, bitten, or clawed plaintiff or anyone else but had barked at strangers; that plaintiff, several months prior to the incident complained of, had on one occasion been knocked down when the dog jumped up on him or brushed against him, and he had hurt his back a little when he fell; that plaintiff lost his balance easily because he had a stiff leg as the result of metal pins in his knee due to an accident in 1949; and that one of plaintiff's grandaughters, 7 years old (not defendant's daughter), had skinned her knee when the dog had knocked her down. From plaintiff's testimony his injury occurred when he fell as a result of some impact of the dog with him. As to the exact manner of the impact with him he stated he could not testify.
4. Assuming, but not deciding, for the purposes of this decision that it is not necessary that an animal be shown to be vicious and dangerous from the standpoint that it attacks for the purpose of biting or otherwise purposely harming a person before a recovery would be authorized, it appears that if a dog has 'friendly' intentions but has habits which...
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Sanders v. Bowen
...for their acts (OCGA § 51-2-2), and their knowledge would be his knowledge, at least constructively. See Flowers v. Flowers, 118 Ga.App. 85(2), 162 S.E.2d 818 (1968); Hays v. Anchors, 71 Ga.App. 280(1), 30 S.E.2d 646 (1944). In support of this theory, plaintiffs attempted to introduce testi......
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McCree v. Burks, 48512
...that fact. Harvey v. Buchanan, 121 Ga. 384, 49 S.E. 281.' Hays v. Anchors, 71 Ga.App. 280(1), 30 S.E.2d 646. See also Flowers v. Flowers, 118 Ga.App. 85, 162 S.E.2d 818. 'Scienter is a necessary and a material fact which must be shown before there can be any finding of liability against the......
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Connell v. Bland, 45344
...injury in so far as liability of the defendant appellant is concerned. The case in this respect is controlled by Flowers v. Flowers, 118 Ga.App. 85, 162 S.E.2d 818. The appellees contended however that the dog was unlawfully upon their property, that is, he had no right to be there, and tha......
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Mauldin v. Green, s. 46109
...(1) that the animal has a vicious or dangerous character and (2) knowledge of this propensity on the part of the owner. Flowers v. Flowers, 118 Ga.App. 85, 162 S.E.2d 818; Starling v. Davis, 121 Ga.App. 428, 174 S.E.2d 214.' Keener v. Tate, 123 Ga.App. 484, 181 S.E.2d 547. There was evidenc......