Smith v. Inman

• Decision Date: 15 April 1924
• Docket Number: 15268.
• Parties: SMITH v. INMAN ET AL.
• Court: Georgia Court of Appeals

122 S.E. 632

32 Ga.App. 24

SMITH v. INMAN ET AL.

No. 15268.

Court of Appeals of Georgia, First Division

April 15, 1924

Syllabus by the Court.

Where a landlord has fully parted with both possession and right of possession, he is responsible to others only for damages arising from defective construction; and neither the mere juxtaposition of a toilet and elevator nor the absence of lights in the passageway to the toilet at night constitutes such a defect. Civ. Code 1910, § 3694.

A tenant is not, by virtue of his tenancy, under any duty to a cotenant, or the customers of a cotenant, to keep lighted at night the passageway to a toilet placed in the tenement for the joint use of both tenants, their employees, and customers. Civ. Code 1910, § 4420.

Where a building is occupied by two tenants, one a restaurateur, the other a furniture dealer, neither the landlord nor the furniture dealer is liable in damages for injuries to a customer of the restaurateur, where such customer, with his full natural faculties, and without any inducement from the furniture dealer, enters a dark and unfamiliar room undertaking to feel his way to a toilet, and in so doing inadvertently steps into an elevator shaft, the door to which has been negligently left open by the furniture dealer and is invisible in the darkness, thereby falling and receiving the injuries for which the damages are claimed. Day & Co. v Graybill, 24 Ga.App. 524, 101 S.E. 759; Ogain v Imperial Cafe, 25 Ga.App. 415, 103 S.E. 594; Hendricks v. Jones, 28 Ga.App. 335, 111 S.E. 81; Miller v. Central of Ga. Ry. Co., 28 Ga.App. 635 112 S.E. 733; Biederman v. Montezuma Mfg. Co., 29 Ga.App. 589, 116 S.E. 225.

The restaurateur not being joined as a party defendant in the lower court, no question respecting his liability is presented for decision.

Applying to the facts of this case the principles announced above, the court properly sustained the general demurrers of the defendants and dismissed the plaintiff's petition.

Error from Superior Court, Fulton County; John D. Humphries, Judge.

Action by G. A. Smith against H. A. Inman and others. Judgment for defendants on demurrer, and plaintiff brings error. Affirmed.

Hooper Alexander and D. Meyerhardt, both of Atlanta, for plaintiff in error.

Underwood, Pomeroy & Haas, Wm. C. Henson, and Douglas & Douglas, all of Atlanta, for defendants in error.

LUKE J.

Judgment affirmed.

BROYLES C.J., and BLOODWOR...