BANKS v. ADAIR

56765.

148 Ga. App. 254 (1978)

251 S.E.2d 88

BANKS et al. v. ADAIR.

Court of Appeals of Georgia.

Decided November 7, 1978.

Rehearing Denied November 28, 1978.


Attorney(s) appearing for the Case

Manning & Manning, Brince H. Manning, Jr., James H. Weeks, for appellants.

Sam F. Lowe, Jr., Sam F. Lowe, III, for appellee.


BIRDSONG, Judge.

Dog bite case. Mrs. Banks and her minor son brought an action for injuries against Adair, alleging that Adair's dog had injured the minor child. From the grant of a directed verdict in favor of Adair, Mrs. Banks and son appeal. Held:

"Scienter is a necessary and a material fact which must be shown before there can be any finding of liability against the defendant. Code § 105-110. `[U]nder this section it is still necessary, as...

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