Chatmon v. Church's Fried Chicken, Inc. , 133 Ga. App. 326 ( 1974 )

Eberhardt, Presiding Judge,

dissenting.

While the facts in the case here and those in Eckerd-Walton v. Adams, 126 Ga. App. 210 (190 SE2d 490) and in Feldman v. Whipkey’s Drug Shop, 121 Ga. App. 580 (174 SE2d 474) do have some slight variations, they are about as close as one could expect to find and this case should be governed by the same standards and principles announced in Eckerd and Feldman.

It has been observed that it should make no difference that in one case the offending animal was a cow while in another it was a bull that got out upon the highway and caused an automobile to wreck. See Taylor v. Allen, 151 La. 82, 119 (91 S. 635); Emory University v. Williams, 127 Ga. App. 881, 882 (195 SE2d 464).

I am authorized to state that Chief Judge Bell joins in this dissent.