Sinkovitz v. Peters Land Co.

64 S.E. 93, 5 Ga. App. 788, 1909 Ga. App. LEXIS 120
Court of Appeals of Georgia·Decided March 16, 1909·No. 1311·Published·Cited by 45 cases

Opinion

Russell, J.

The plaintiff, by her next friend, sued the Peters Land Company for injuries received from glass falling from a window in the Peters building in the city of Atlanta, ■Georgia. In her petition she alleged, that as she was going up certain steps on Wall street, leading to Whitehall-street viaduct (the building in question abutting on Wall street), she was struck by pieces of window-pane falling from said Peters building, by reason of which a serious and painful injury resulted to her. The defendant was charged with negligence in three particulars: (1) that the window-pane had not been properly placed or set and secured in the sash; (2) the omission to use flat sprigs to reinforce the putty, and the inferior quality of the putty which was the support of the pane of glass in the absence of the sprigs; (3) that the window-pane itself was defective and not capable of sustaining the force of the usual winds to be expected in Atlanta, and especially those to be anticipated at this particular location. Ppon the trial the plaintiff offered to amend the 21st paragraph of the petition by an additional allegation of negligence, but ■this amendment was refused. Paragraph 21 in the original petition was as follows: “ Petitioner shows that said defendant was further negligent in that said window-pane was itself defective and not capable of sustaining the force of the usual windstorms and flurries of wind to be expected in Atlanta, and especially at the place where the Peters building is located.” In response to a ■demurrer, paragraph 21 was, by permission of the court, amended by amplifying its allegations as follows: "That said windowpane was defective in that the same was too thin and too brittle and did not have the tension required for its size; that on account of said window-pane being so thin and brittle, it was not capable ■of sustaining the force of the usual windstorms and flurries of wind to be expected in Atlanta and at this place. Atlanta is situated from 1,000 to 1,100 feet .above the sea level, upon a ridge, where it is exposed to the windstorms and flurries that are caused ■by the changes in climatic conditions; that strong flurries of wind, [790] moving with great force, are frequent in Atlanta, and that the same come up suddenly and unexpectedly, and require window-panes, of strong tension to sustain their force. The Peters building is located on one side of the railroad leading into the Union Depot, and is some eight stories high on the Wall-street side.” By the amendment which was rejected by the court it was proposed to add to the 21st paragraph of the petition as amended the. following: “ It is adjacent to the Kimball House, which is about eight stories high. The buildings located on the south side of the railroads form a solid bank, and are three or four stories high. The buildings on Peachtree street west thereof are respectively four and sixteen stories high. The height of these buildings with the open space between, forming banks, as it were, for the currents of air, force these currents of air about and around these buildings with great force. At the southwest corner of 'the Peters building, and on the west and south sides thereof, on account of the conditions herein set forth, windstorms and flurries, of wind are constantly to be expected, and the window-panes should be of such material, with sufficient thickness and toughness, to withstand the same. Petitioner shows that -the windowpane in the window complained of was not of such thickness and toughness, and that the failure to have said window-pane of such thickness and toughness required to withstand the usual windstorms and flurries of wind was negligence on the part of the defendant. The conditions herein described existed at the time that said injury occurred.”

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Sinkovitz v. Peters Land Co., 64 S.E. 93, 5 Ga. App. 788, 1909 Ga. App. LEXIS 120 (Ga. Ct. App. 1909).

64 S.E. 93 (Sinkovitz v. Peters Land Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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