Augusta-Aiken Railway & Electric Corp. v. Hafer

Augusta-Aiken Ry. & Elec. Corp. v. Hafer, 94 S.E. 252 (Ga. Ct. App. 1917)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: November 13, 1917
Docket: No. 8413
Judges: Luke
Citations: 94 S.E. 25221 Ga. App. 2461917 Ga. App. LEXIS 540

Cited by 12

Summary

Action for damages; from city court of Richmond county— Judge Black. December 27, 1917.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Luke

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Luke, J.

1. The word, “owner,'’ as used in the Civil Code (1910), § 4420, is not synonomous with “landlord,” as the latter word is used in § 3694; and where the owner of land has fully parted with both possession and right of possession by any lawful contract of rental, his liabilities are those prescribed by § 3694. In such a case § 4420 is without application. It is otherwise where the possession or the right of possession is not fully parted with.

2. Until such a landlord is put upon notice that the rented premises are out of repair, he is not liable in damages for a failure to make the necessary repairs. Stack v. Harris, 111 Ga. 149 ( 36 S. E. 615 ); Ocean Steamship Co. v. Hamilton, 112 Ga. 901 ( 38 S. E. 204 ).

3. The fact that the rented premises consisted of an amusement park, and the further fact that the landlord — a railway company — thereafter advertised the amusements at the park for the sole purpose of increasing the passenger traffic over its line of road leading to the park, do not affect the application of the principles announced above.

4. In view of the foregoing rulings, the evidence did not authorize the charges to the jury of which complaint is made, or any verdict in favor of the plaintiff.

5. The court erred in overruling the defendant’s motion for a new trial.

Judgment reversed.

Wade, C. J., and Jenkins, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

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State Appellate Courts12

Relies on it most ⓘ

Kreiss v. Allatoona Landing, Inc.133 S.E.2d 602 (Ga. Ct. App. 1963)
Dobbs v. Noble189 S.E. 694 (Ga. Ct. App. 1937)
Rothberg v. Bradley69 S.E.2d 293 (Ga. Ct. App. 1952)
Golf Club Co. v. Rothstein102 S.E.2d 654 (Ga. Ct. App. 1958)
Goettee v. Carlyle22 S.E.2d 854 (Ga. Ct. App. 1942)
National Distributing Co. v. Georgia Industrial Realty Co.127 S.E.2d 303 (Ga. Ct. App. 1962)

Most recent

Tribble v. Somers156 S.E.2d 130 (Ga. Ct. App. 1967)
Kreiss v. Allatoona Landing, Inc.133 S.E.2d 602 (Ga. Ct. App. 1963)
National Distributing Co. v. Georgia Industrial Realty Co.127 S.E.2d 303 (Ga. Ct. App. 1962)
Golf Club Co. v. Rothstein102 S.E.2d 654 (Ga. Ct. App. 1958)
Nunnally v. Shockley87 S.E.2d 115 (Ga. Ct. App. 1955)
Rothberg v. Bradley69 S.E.2d 293 (Ga. Ct. App. 1952)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Stack v. Harris, 36 S.E. 615 (Ga. 1900)	73
	Ocean S.S. Co. v. Hamilton, 38 S.E. 204 (Ga. 1901)	39

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