26 Ga. App. 473 | Ga. Ct. App. | 1921
By statute it is provided that where a person “ owns or keeps a vicious or dangerous animal of any kind, and by the careless management of the same, or by allowing the same to go at liberty, another without fault on his part is injured thereby, such owner or keeper shall be liable in damages for such injury.” Civil Code (1910), § 4417. This suit was brought under the foregoing section, for personal injuries inflicted upon the plaintiff by a bull alleged to be the property of defendant. Upon the trial the defendant contended that there could be no legal recovery, inasmuch as the suit was brought against him as an individual, and the proof developed that the animal was the property of a partnership composed of the defendant and his son. He contended also that the evidence adduced was insufficient to authorize a recovery in any event. At the conclusion of the evidence the court, upon motion of the defendant’s counsel, directed a verdict in favor of the defendant.
Judgment reversed.