Augusta-Aiken Ry. & Elec. Corp. v. Hafer
| Decision Date | 13 November 1917 |
| Docket Number | 8413. |
| Citation | 94 S.E. 252,21 Ga.App. 246 |
| Parties | AUGUSTA-AIKEN RY. & ELECTRIC CORP. v. HAFER. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
The word "owner," as used in Civil Code 1910, § 4420, is not synonymous with "landlord," as the latter word is used in section 3694; and where the owner of land has fully parted with both possession and right of possession by any lawful contract of rental, his liabilities are those prescribed by section 3694. In such a case section 4420 is without application. It is otherwise where the possession or the right of possession is not fully parted with.
Until such a landlord is put upon notice that the rented premises are out of repair, he is not liable in damages for a failure to make the necessary repairs. Stack v. Harris, 111 Ga. 149, 36 S.E. 615; Ocean Steamship Co. v. Hamilton, 112 Ga. 901, 38 S.E. 204.
The fact that the rented premises consisted of an amusement park, and the further fact that the landlord, who was a railway company, thereafter advertised the amusements at the park for the sole purpose of increasing the passenger traffic over its line of road leading to the park, do not affect the principles above announced.
In view of the foregoing rulings, the evidence did not authorize the charges of which complaint is made, or any verdict in favor of the plaintiff.
The court erred in overruling the defendant's motion for a new trial.
Error from City Court of Richmond County; J. C. C. Black, Jr., Judge.
Action by Byrdie Hafer against the Augusta-Aiken Railway & Electric Corporation. Judgment for plaintiff, motion for new trial overruled, and defendant brings error. Reversed.
Wright & Wright, of Augusta, for plaintiff in error.
T. F. Harrison and Wm. H. Fleming, both of Augusta, for defendant in error.
Judgment reversed.
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