Peeler v. Smith

Court of Appeals of Georgia

Peeler v. Smith

198 S.E. 827, 58 Ga. App. 470, 1938 Ga. App. LEXIS 11

CourtCourt of Appeals of Georgia

DecidedOctober 1, 1938

Docket27039

StatusPublished

Cited by2 cases

This text of 198 S.E. 827 (Peeler v. Smith) 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

Peeler v. Smith, 198 S.E. 827, 58 Ga. App. 470, 1938 Ga. App. LEXIS 11 (Ga. Ct. App. 1938).

Pincite

Opinion

Felton, J.

A petition against a landlord, by a person not a tenant but having the rights of a tenant flowing from the duties of a landlord to the tenant and those occupying the rented premises, for damages alleged to have been caused by the landlord’s failure to discover and repair, in the repairing of other defects of which notice had been given, defects in parts of the premises allegedly causing the injuries, which expressly alleged that the petitioner knew of the defective and dangerous condition of the parts of the premises the use of which allegedly caused the injuries, was properly dismissed on general demurrer. Kimball v. Morcock, 57 Ga. App. 750 (196 S. E. 125) and eit. This is true notwithstanding the fact that the petition also alleged that the petitioner could not have known of the defects complained of by the exercise of ordinary care. Judgment affirmed.

Stephens, P. J., and Sutton, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Felton, J.

A petition against a landlord, by a person not a tenant but having the rights of a tenant flowing from the duties of a landlord to the tenant and those occupying the rented premises, for damages alleged to have been caused by the landlord’s failure to discover and repair, in the repairing of other defects of which notice had been given, defects in parts of the premises allegedly causing the injuries, which expressly alleged that the petitioner knew of the defective and dangerous condition of the parts of the premises the use of which allegedly caused the injuries, was properly dismissed on general demurrer. Kimball v. Morcock, 57 Ga. App. 750 (196 S. E. 125) and eit. This is true notwithstanding the fact that the petition also alleged that the petitioner could not have known of the defects complained of by the exercise of ordinary care. Judgment affirmed.

Stephens, P. J., and Sutton, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

198 S.E. 827, 58 Ga. App. 470, 1938 Ga. App. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peeler-v-smith-gactapp-1938.

Opinion

Related

Cite This Page — Counsel Stack