Ga. Power Co v. Sheats

• Decision Date: 31 October 1938
• Docket Number: No. 27126.,27126.
• Citation: 58 Ga.App. 730,199 S.E. 582
• Parties: GEORGIA POWER CO. v. SHEATS.
• Court: Georgia Court of Appeals

58 Ga.App. 730

199 S.E. 582

GEORGIA POWER CO.

v.SHEATS.

No. 27126.

Court of Appeals of Georgia,

Division No. 2.

Oct 31, 1938.

Rehearing Denied Nov. 16, 1938.

Syllabus by the Court.

1. "Where the owner or occupier of land, by express or implied invitation, induces or leads others to come upon his

promises for any lawful purpose, he is liable in damages to such persons for injuries occasioned by his failure to exercise ordinary care in keeping the premises and approaches safe."

(a) "If the invitee does not go beyond that part of the premises to which, as the situation reasonably appears to him, the invitation extends, he can not be held to have become a mere licensee because, as a matter of fact, the purposes of the invitation could have been fulfilled without going on such part of the premises."

(b) Under the law and the evidence in the present case the jury was authorized to find that at the time of her injury the plaintiff was an implied invitee on the premises of the defendant, and was further authorized to return a verdict in her favor.

2. All of the special grounds of the motion for new trial are without merit for reasons shown in the opinion.

Error from Superior Court, Fulton County; Virlyn B. Moore, Judge.

Action by Mrs. W. E. Sheats against the Georgia Power Company for injuries sustained by falling on steps in defendant's building. To review a judgment for plaintiff, defendant brings error.

Affirmed.

MacDougald, Troutman & Arkwright, Dudley Cook, and Harllee Branch, Jr., all of Atlanta, for plaintiff in error.

C. Holland Feagan and Augustine Sams, both of Atlanta, for defendant in error.

SUTTON, Judge.

Mrs. W. E. Sheats brought suit against Georgia Power Company for damages on account of injuries sustained, as an invitee, by reason of having fallen on steps located immediately outside of swinging doors in the defendant's building. The defendant was alleged to have been negligent (a) in constructing and maintaining the swinging doors over a sudden drop-off or step-down in a marble floor as described in the petition; (b) in failing to use ordinary care to repair or correct the building, at the point where the plaintiff was injured, by eliminating or moving the doors so that they would not swing over a sudden or concealed drop-down or step-down; (c) in failing to place around the defect a guard rail to protect plaintiff and others therefrom or to warn her by sign, red light, or otherwise protect her therefrom; (d) in constructing the swinging doors approximately four and one-half inches from a drop-down, thus obstructing the view thereof six or eight inches deep to a new floor level; (e) in knowingly allowing plaintiff to enter upon the hidden peril of said unexpected drop-off or step-down; (f) in not keeping the premises, walk-ways and hallway safe for ordinary use by plaintiff and others. The jury returned a verdict in favor of the plaintiff. The defendant filed a motion for new trial on the general grounds, and by amendment added several special grounds, and the exception here is to the judgment overruling the motion.

The evidence showed substantially the following facts: The defendant maintains two buildings wherein are housed its general offices and in which it conducts business with the public. One of these buildings faces Marietta Street in the City of Atlanta. The ground floor is used for a salesroom and also as a place where the public may contract for and pay for electric service. Overhead are offices of the company. Immediately behind this building and facing Walton Street is another building occupied by the defendant. The ground floor contains certain appliances which the company offers for sale, and above are several floors which the company uses as offices. Situated on the third floor of this building, which we shall refer to as the Walton Street building, is the claim office of the company. In charge of that department is Mr-L. F. Wynne. The two buildings are connected by an overhead passageway. Fairlie Street runs along the eastern side of the two buildings from Marietta Street to Walton Street. From pair-lie Street one enters into a small hallway on the ground floor of the Walton Street building, the entrance being about half way between Marietta and Walton Streets, and the hallway being in that part of the building which is nearest the Marietta Street building. Another entrance leads from Walton Street into the Walton Street building. In the hallway which one enters from Fairlie Street three elevators are maintained for the purpose of transporting persons to the upper floors of the two buildings. On the right as one enters the hallway, and just about in front of the first elevator, is a set of stairs which leads to the floorsabove. At the end of the hallway, and facing a person entering the hallway, is a short flight of steps which lead to the ground floor of the Walton Street building where electric appliances are displayed. From this display room another set of stairs leads to a mezzanine floor. "On that mezzanine floor was a washing machine department." Here also is the private office of the manager of that department.

These steps are described by the custodian of the building as follows: "The flight of stairs going up to the mezzanine floor are approximately four or five feet in width. And those stairs going up there have a brass railing on them. The stairs that go up there have a brass railing on them, and that railing makes a curve and that makes a sort of cap to it. Those stairs are just as wide as any other stairs that reach upstairs. They are not wider. They are approximately the same." It was further testified by the witness that to go upstairs from the ground floor, the display room, of the Walton Street building to the upper floors, the route by these stairs would be shorter than to return to the hallway at the Fairlie Street entrance and take the elevator. These particular stairs are not, however, intended for use by the general public, but are for the convenience of employees in passing from the display room of the Walton Street building to a hallway, where an elevator might be entered on the second floor and the employee be conveyed to other floors. No sign or other warning notifies the public that such steps are for the exclusive use of the company's em-ployees. To reach the elevator in the hallway one turns to the left on arriving at the top of the stairs just mentioned, and there he encounters a pair of swinging doors through which he passes east-wardly into the hallway. In doing so he faces the eastern side of the building or hallway, at which end there is a window with frosted glass. The mezzanine floor in the Walton Street building, from which one emerges, is covered with brown linoleum, and the hallway outside is paved with light gray marble. The doors, at the time of the injury, were constructed with screen, fine mesh wire, protected by a grill, each door having a heavy eight or ten inch baseboard. No handle or knob is upon either door. The leyel of the mezzanine floor and threshold of the doors end about 4¹/₂ inches beyond the position of the doors when closed, and there is a perpendicular drop of about 7 inches to the level of the hallway where the elevators may be reached.

The undisputed evidence shows that the visit of the plaintiff, at the time of the injury, was in connection with a claim for damages to her automobile. She first went to the ground floor of the Marietta Street building, that being the only part of the premises she had theretofore been in, and there inquired as to where she might file a claim with the company. She was directed to Mr. L. F. Wynne, the claim manager, who occupied an office on the third floor of the Walton Street building. Her testimony as to her movements and the manner of her injury thereafter is substantially as follows: "I went up a set of stairs to the mezzanine floor. So far as I know I had never been in the building before. They were near the entrance, the Fairlie entrance to the annex [the Walton Street building], and I followed the stairs. When I went up those stairs I came to two doors on the mezzanine floor. I was walking along ordinarily. When I came to those doors I made a left turn and pushed the door open, the left door of the double door with my right hand * * * and when I pushed the left door open I stepped out with my right foot into space and was thrown forward the full length of my body against the white tile floor cement. It was a nice hard floor. I never knew there was any drop-off or step-down. * * * After I fell into this step-down, yes, at the time, I realized that the door was very close to the edge of the step. In fact, it seemed to me it was flush with the step. * * * When I went through the door there was not anything there to indicate the floor was not level with the floor on which I was standing. * * * The sun was shining brightly. There was a window there. The sun was shining through on the floor."

The plaintiff then testified that in the hallway on the ground floor which she entered from Fairlie Street there was a directory which had on it the names of employees and their office numbers, and it is shown by other evidence that this directory showed that Mr. Wynne's office was on the third floor of the Walton Street building. She further testified: "I don't know how many steps I went up.

* * * As to whether I don't know those steps go to the mezzanine floor in front of the elevators where I say I went--I didn't know it at the time. I don't know it now, but I come to the double doors that opened there into the space where I fell and I didn't know anything further. * * * As to what sort of room I was in--I didn't pay it any attention. * * * I walked through the space and turned around. I don't know why I didn't take the elevator. * * * As to exactly which steps I did go up when I went in this building, I could show you. As to whether I can look at that picture and show you which one it was--explain that...