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Lawskills.com Georgia Caselaw
CARR, by Next Friend v. YOUNG.
44775.
EVANS, Judge.
Action for damages. Muscogee Superior Court. Before Judge Land.
Defendant's wife made an affidavit to the effect that "she had no knowledge of any vicious activities on the part of the Alaskan Malemute owned by her husband; and . . . this dog had never bitten nor threatened any individual." The defendant admitted that he had requested children to stay off the premises because the dog was an Alaskan Malemute of large size, and was kept chained to an area of 7 feet.
"The burden is upon the moving party . . . and any doubt . . . is resolved against the movant" and "the trial court must give . . . the benefit of all favorable inferences that may be drawn from the evidence" to the opposite party. Holland v. Sanfax Corp., 106 Ga. App. 1, 4 (126 SE2d 442). Since the appellee-defendant failed to carry the burden, the court erred in granting the motion for summary judgment, there being material issues to be tried by a jury. The error enumerated is meritorious.
Hatcher, Stubbs, Land, Hollis & Rothschild, Howell Hollis, J. Madden Hatcher, Jr., for appellee.
L. B. Kent, for appellant.
ARGUED SEPTEMBER 12, 1969 -- DECIDED OCTOBER 9, 1969.
Friday May 22 17:28 EDT


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