Lenkeit v. Chandler

Court of Appeals of Georgia

Lenkeit v. Chandler

104 S.E.2d 476, 97 Ga. App. 769, 1958 Ga. App. LEXIS 880

CourtCourt of Appeals of Georgia

DecidedJune 23, 1958

Docket37184

StatusPublished

Cited by9 cases

This text of 104 S.E.2d 476 (Lenkeit v. Chandler) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lenkeit v. Chandler, 104 S.E.2d 476, 97 Ga. App. 769, 1958 Ga. App. LEXIS 880 (Ga. Ct. App. 1958).

Pincite

Opinion

Quillian, Judge.

The owner of land is liable to invitees for injuries which they sustain as a result of his failure to warn them of dangers or defects in the property of which he knew or in the exercise of reasonable care should have known. Coffer v. Bradshaw, 46 Ga. App. 143 (6) (167 S. E. 119); Tybee Amusement Co. v. Odum, 51 Ga. App. 1 (179 S. E. 415); Code § 105-401. Under the allegations of the petition the plaintiff occupied the status of an invitee at the time she sustained the injuries. Hickman v. Toole, 31 Ga. App. 230 (1) (120 S. E. 438); Crossgrove v. A. C. L. R. Co., 30 Ga. App. 462 (1) (118 S. E. 694); Mandeville Mills v. Dale, 2 Ga. App. 607, 611 (58 S. E. 1060). The petition alleged that the defendant was negligent in “permitting” the board to be placed in its dangerous position and in failing to warn the plaintiff thereof. Under the ruling in Colonial Stores Inc. v. Scholz, 73 Ga. App. 268 (36 S. E. 2d 189) this allegation was tantamount to an averment that the defendant had actual knowledge of the defective condition of the premises. Applying the authorities cited in the above opinion the petition set forth a cause of action and the judge erred in sustaining the general demurrer.

It being alleged that the defendant had actual knowledge of the defect which was not detectable by the plaintiff, the petition set forth a cause of action even if the plaintiff had been a licensee rather than an invitee. Cook v. Southern Ry. Co., 53 Ga. App. 723 (187 S. E. 274); Bowers v. Texas Co., 65 Ga. App. 874, 876 (16 S. E. 2d 765).

Judgment reversed.

Felton, C. J., and Nichols, J., concur.

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Quillian, Judge.

The owner of land is liable to invitees for injuries which they sustain as a result of his failure to warn them of dangers or defects in the property of which he knew or in the exercise of reasonable care should have known. Coffer v. Bradshaw, 46 Ga. App. 143 (6) (167 S. E. 119); Tybee Amusement Co. v. Odum, 51 Ga. App. 1 (179 S. E. 415); Code § 105-401. Under the allegations of the petition the plaintiff occupied the status of an invitee at the time she sustained the injuries. Hickman v. Toole, 31 Ga. App. 230 (1) (120 S. E. 438); Crossgrove v. A. C. L. R. Co., 30 Ga. App. 462 (1) (118 S. E. 694); Mandeville Mills v. Dale, 2 Ga. App. 607, 611 (58 S. E. 1060). The petition alleged that the defendant was negligent in “permitting” the board to be placed in its dangerous position and in failing to warn the plaintiff thereof. Under the ruling in Colonial Stores Inc. v. Scholz, 73 Ga. App. 268 (36 S. E. 2d 189) this allegation was tantamount to an averment that the defendant had actual knowledge of the defective condition of the premises. Applying the authorities cited in the above opinion the petition set forth a cause of action and the judge erred in sustaining the general demurrer.

It being alleged that the defendant had actual knowledge of the defect which was not detectable by the plaintiff, the petition set forth a cause of action even if the plaintiff had been a licensee rather than an invitee. Cook v. Southern Ry. Co., 53 Ga. App. 723 (187 S. E. 274); Bowers v. Texas Co., 65 Ga. App. 874, 876 (16 S. E. 2d 765).

Judgment reversed.

Felton, C. J., and Nichols, J., concur.

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Bluebook (online)

104 S.E.2d 476, 97 Ga. App. 769, 1958 Ga. App. LEXIS 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenkeit-v-chandler-gactapp-1958.

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