Bohn v. Beasley

• Decision Date: 09 April 1935
• Docket Number: 24339.
• Citation: 180 S.E. 656,51 Ga.App. 341
• Parties: BOHN v. BEASLEY.
• Court: Georgia Court of Appeals

180 S.E. 656

51 Ga.App. 341

BOHN v. BEASLEY.

No. 24339.

Court of Appeals of Georgia, Second Division

April 9, 1935

Rehearing Denied July 2, 1935.

Syllabus by Editorial Staff.

Landlord owed to tenant's visitor, whose presence landlord was bound to anticipate, duty of not willfully, wantonly, or recklessly exposing her to dangerous and deceptive situation amounting to hidden peril.

Landlord's liability for injuries sustained on stairway by visitor of tenant held for jury, even though visitor was licensee rather than invitee, where stairway was located in hall dimly lighted by insufficient windows and banister extended in straight line beyond place where steps descended deceiving visitor and causing her to stumble down stairway.

Error from Superior Court, Chatham County; John Rourke, Jr., Judge.

Petition by B. L. Beasley against W. L. Bohn. To review a judgment overruling a demurrer to the petition, defendant brings error.

Affirmed.

McLaws McLaws & Brennan, of Savannah, for plaintiff in error.

Ulmer & Dowell, of Savannah, for defendant in error.

Syllabus OPINION.

JENKINS Presiding Judge.

The petition indicates that the plaintiff, after visiting a tenant in the upstairs apartment of premises owned by the defendant, for a purpose of her own, was proceeding to descend the stairway located in a hall only dimly lighted by windows of insufficient size, and that in this darkened passageway she was misled by the unusual construction of the banister, extending in a straight line along the upstairs floor beyond the place where the steps commenced to descend which construction deceived her into believing that the floor continued to the point where the banister terminated, whereas the stairway began to descend approximately seven feet before the point where the descent as indicated by the banister was reached. She alleges that by reason of the poor lighting, and the peculiar and dangerous construction of the banister with reference to the stairs, she stumbled down the stairway and sustained the injuries complained of. Held: Treating the plaintiff as a licensee of the owner of the premises, as distinguished from an invitee, it is nevertheless true that the owner of the premises owed to the plaintiff as a licensee, whose presence he was bound to anticipate, the duty of not willfully, wantonly, or recklessly exposing her to a dangerous and deceptive situation amounting to a hidden peril. Mandeville...