Maloof v. Blackmon
| Decision Date | 16 January 1962 |
| Docket Number | No. 3,No. 39245,39245,3 |
| Citation | 124 S.E.2d 441,105 Ga.App. 207 |
| Parties | Ted MALOOF v. J. W. BLACKMON et al., etc |
| Court | Georgia Court of Appeals |
Grover C. Willis, Jr., Columbus, for plaintiff in error.
Kelly, Champion & Henson, S. E. Kelly, Jr., Columbus, for defendant in error.
Syllabus Opinion by the Court.
1. It was stated in Holloman v. Henry Grady Hotel Co., 42 Ga.App. 347, 348, 156 S.E. 275, that this court may take judicial notice of the fact that marble is a proper material from which to construct a stairway, and that, even when polished, it is not naturally slick and dangerous. To an even greater extent would this observation apply to stairs constructed of brick. Where, as here, the petition alleges that the night was wet and rainy and the plaintiff was injured while stepping on the bottom tread of outside porch stairs constructed of brick, the further charge that the steps were wet and slick and that the defendants were negligent in maintaining them in an extremely slick and dangerous condition, without more, is insufficient to charge negligence in the construction of the steps or to show that their condition was caused by anything other than natural weather conditions of which the plaintiff was as well aware as the defendants. See Bessman v. Greyhound Bus Depot of Atlanta, 81 Ga.App. 428, 58 S.E.2d 922; McCrory Stores Corp. v. Ahern, 65 Ga.App. 334, 15 S.E.2d 797; Hill v. Davision-Paxon Co., 80 Ga.App. 840, 57 S.E.2d 680.
2. There is no duty on the part of a landlord to maintain lights or to illuminate passageways, porches and steps in the absence of a contractual obligation to do so, or when so required by statute. Phillips v. Ray-Jean, Inc., 84 Ga.App. 38, 39, 65 S.E.2d 617. See also Srochi v. Hightower, 57 Ga.App. 322, 195 S.E. 323, and citations.
3. 'Negligence, to be the basis of a recovery, must be the proximate cause of the injury.' Western & Atlantic R. v. Crawford, 47 Ga.App. 591, 593, 170 S.E. 824; Vinson v. Willingham Cotton Mills, 2 Ga.App. 53(4), 58 S.E. 413. It appearing here that the plaintiff's injuries resulted in slipping from one of the porch steps, the fact that the walkway below was not even with the ground level, although this might have been a fault in original construction, does not appear to be any part of the proximate cause of the injuries received, and is therefore not negligence on which a recovery can be predicated in this case.
4. (a) While the duties of the owner of an apartment house who reserves a qualified right of possession of the halls, steps, porches, or other parts of the building of which common use is...
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Gibson v. Consolidated Credit Corp.
...a proper building material for steps and held that 'even when polished, it is not naturally slick and dangerous.' In Maloof v. Blackmon, 105 Ga.App. 207, 124 S.E.2d 441 where the plaintiff contended that there was negligence on the part of the owner of an apartment house by reason of the fa......
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Kreiss v. Allatoona Landing, Inc., 40055
...57 Ga.App. 322, 195 S.E. 323 (entrance steps to apartment house dark from burned out light bulb or defective switch); Maloof v. Blackmon, 105 Ga.App. 207(2), 124 S.E.2d 441 (unlighted porch and steps to apartment house); Ogain v. Imperial Cafe, Inc., 25 Ga.App. 415, 103 S.E. 594 (dark porti......
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Nesmith v. Starr, s. 42519
...keeping the premises and approaches safe. Code § 105-401; Rothberg v. Bradley, 85 Ga.App. 477(1), 69 S.E.2d 293; Maloof v. Blackmon, 105 Ga.App. 207, 208(4a), 124 S.E.2d 441; 670 New Street, Inc. v. Smith, 107 Ga.App. 539, 542, 130 S.E.2d 773; Fincher v. Fox, 107 Ga.App. 695, 697(1), 131 S.......
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Johnson v. Loy
...arises only in instances where "there is a duty to repair and notice has been given of the defect ([cit.])" Maloof v. Blackmon, 105 Ga.App. 207, 208(4)(a), 124 S.E.2d 441 (1962). See Godwin v. Olshan, 161 Ga.App. 35, 36(2), 288 S.E.2d 850 (1982) (landlord who fully parted with possession of......