Ross v. Jackson
| Decision Date | 03 August 1905 |
| Citation | 123 Ga. 657,51 S.E. 578 |
| Parties | ROSS. v. JACKSON. |
| Court | Georgia Supreme Court |
Landlord and Tenant—Dangerous Premises—Injury to Licensee.
A landlord is liable to one lawfully present on the rented premises by invitation of the tenant for injuries arising from defective construction, or from failure to keep the premises in repair, where the defect is known to the landlord, or in the exercise of reasonable diligence could have been known, and the injured person was himself in the exercise of due care.
[Ed. Note.—For cases in point, see vol. 32, Cent. Dig. Landlord and Tenant, §§ 670, 676.]
(Syllabus by the Court.)
Error from City Court of Macon.
Action by Mary O. Jackson against Laura B. Johnson. Thereafter John P. Ross, guardian of Laura B. Johnson, was made defendant. Judgment for plaintiff, and defendant Ross brings error. Affirmed.
A suit for damages was instituted by Mary O. Jackson against Laura B. Johnson, the plaintiff having received personal injuries while attempting to cross a porch connecting two of the rooms of a house belonging to the defendant, and rented by her to a tenant. The plaintiff alleged that she was lawfully upon the premises at the invitation of the tenant, and was at the time in the exercise of due care; that the flooring of the porch suddenly gave way, causing her to fall to the ground beneath, and she sustained permanent injuries. She complained that the defendant was negligent Subsequently to the filing of the petition, John P. Ross, who had been appointed guardian of Laura B. Johnson, was made a party defendant to the ac tion. As such guardian he demurred to the petition on the grounds (1) that no cause of action was set forth; (2) that the allegations made respecting the defective construction of the house and the failure of the landlord to keep it in repair were not sufficiently full and explicit; and (3) that the plaintiff did not allege that the landlord had any notice or...
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Mattox v. Lambright, (No. 14661.)
...exercise of reasonable diligence could have been known, and the injured person was himself in the exercise of due care." Ross v. Jackson, 123 Ga. 657, 51 S. E. 578. See Civil Code (1910) §§ 3694, 3699; Cross-grove v. Atlantic Coast Line R. Co., 30 Ga. App. —, 118 S. E. 694. Where the owner ......
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Martin v. Johnson-Lemon
...erred in granting summary judgment. Citing Flagler Co. v. Savage, 258 Ga. 335, 337(2), 368 S.E.2d 504 (1988) and Ross v. Jackson, 123 Ga. 657, 659, 51 S.E. 578 (1905), the majority nevertheless concludes that Martin could not be liable under OCGA § 44-7-14 for defective construction because......
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Wynne v. Southern Bell Tele-phone & Tel. Co
...§ 4420; Mandeville Mills v. Dale, 2 Ga. App. 607, 58 S. E. 1060. Such liability may arise from defective construction. Ross v. Jackson, 123 Ga. 657, 51 S. E. 578. Whether such owner or occupant exercises ordinary care in keeping his premises, upon which an invitee goes and is injured, in a ......
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City of Dalton v. Anderson
...334, 15 S.E.2d 797; Kimball v. Morcock, 57 Ga.App. 750, 196 S.E. 125; Echols v. Patterson, 60 Ga.App. 372, 4 S.E.2d 81; Ross v. Jackson, 123 Ga. 657, 51 S.E. 578; Marr v. Dieter, 27 Ga.App. 711, 109 S.E. 532; Code, § 61-112. His liability, however, continues after the leasing of the premise......