McGee v. Hardacre

• Decision Date: 06 June 1921
• Docket Number: 12048.
• Citation: 107 S.E. 563,27 Ga.App. 106
• Parties: MCGEE v. HARDACRE.
• Court: Georgia Court of Appeals

107 S.E. 563

27 Ga.App. 106

MCGEE v. HARDACRE.

No. 12048.

Court of Appeals of Georgia, Second Division

June 6, 1921

Error from Superior Court, Bibb County; Malcolm D. Jones, Judge.

Action by Mary McGee against B. E. Hardacre. Judgment dismissing action on demurrer, and plaintiff brings error. Reversed.

Miller & Garrett and H. D. Russell, all of Macon, for plaintiff in error.

Ryals & Anderson, of Macon, for defendant in error.

JENKINS P.J.

1. A landlord is not liable for injuries to his tenant arising from a patent defect in the premises, existing at the time of the lease, and of which the tenant knew, or had means of knowing equal to those of the landlord, unless the rent contract stipulates to the contrary. Henley v Brockman, 124 Ga. 1059 (5), 1063, 53 S.E. 672; Aikein v. Perry, 119 Ga. 263, 46 S.E. 93; Driver v. Maxwell, 56 Ga. 12; Williams v. Jones, 106 S.E. 616. Nor is a landlord liable for injuries to his tenant arising from latent defects unknown to the tenant, existing at the time of the lease, unless the landlord actually knew or by the exercise of ordinary care on his part might have known, of their previous existence. Ross v. Jackson, 123 Ga. 657, 51 S.E. 578; Ocean Steamship Co. v Hamilton, 112 Ga. 901, 904, 38 S.E. 204.

2. There being no duty of inspection on the part of the landlord for the purpose of discovering defects arising subsequent to the time of the lease, the landlord is not liable for injuries to his tenant resulting from patent or latent defects arising subsequent to the time of the lease, unless he had actual knowledge of them, or had been notified by the tenant of such defects, and had failed to make repairs in a reasonable time, and the tenant could not have avoided the injuries resulting therefrom by the exercise of ordinary care on his own part. Veal v. Hanlon, 123 Ga. 642 (2, 3), 51 S.E. 579; Johnson v. Collins, 98 Ga. 271, 273, 26 S.E. 744; Donehoe v. Crane, 141 Ga. 224, 80 S.E. 712; Ball v. Walsh, 137 Ga. 350, 73 S.E. 585; Ledbetter v. Gibbs, 19 Ga.App. 485 (2), 91 S.E. 875.

3. Notice by a tenant of the existence of a patent defect existing at the time of the lease would not devolve upon the landlord any duty of inspection or repair; but where the notice is not thus limited, but is general in its nature, to the effect that a specified portion of the premises is out of repair, and the landlord fails in a reasonable time to make the repairs, he is chargeable with notice of all the defects that a compliance with such notice might have disclosed, and may be liable in damages for...