30 S.E.2d 646 | Ga. Ct. App. | 1944
1. A dog is a domestic animal (Wilcox v. State,
2. Nor does the petition set out a cause of action for failure to furnish the servant a safe place to work. The petition alleged that the plaintiff was employed by the defendant, and that she was bitten by the dog on entering the premises; that the defendant knew the plaintiff would come to work, and did not furnish her with a safe place to work, in that keeping the dog endangered her life and safety while she was in the performance of duties incident to her employment. As set out in the first part of this opinion, there are no facts alleged to show that the defendant had knowledge that the dog was vicious, or that it would be unsafe for the plaintiff to work in the house with the dog present. If the petition be construed as one for damages for injuries sustained by reason of the failure of the employer to furnish the servant with a safe place to work, it fails to set out a cause of action because of the failure to allege facts showing the defendant knew, or should have known of the danger. In this connection, see Jellico v. J. B. White Co.,
3. The court did not err in sustaining the general demurrer and dismissing the petition as amended.
Judgment affirmed. Felton and Parker, JJ.,concur.