Kimball v. Morcock

Kimball v. Morcock, administratrix

Kimball v. Morcock, 196 S.E. 125 (Ga. Ct. App. 1938)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: February 17, 1938
Docket: No. 26671
Judges: Felton
Citations: 196 S.E. 12557 Ga. App. 7501938 Ga. App. LEXIS 379

Cited by 7

Opinion of the Court — Felton

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Felton, J.

A suit against a landlord for injuries to an invitee resulting from a fall through a rotten floor, was fatally defective in that it did not allege that the landlord constructed the floor (Dobbs v. Noble, 55 Ga. App. 201 (3), 189 S. E. 694 ), or that the defective condition, of that part of the floor through which the plaintiff fell could have been discovered by the exercise of ordinary care in the repairing, within a reasonable time, of the defective floor, of which notice had been given to the landlord. Gledhill v. Harvey, 55 Ga. App. 322 ( 190 S. E. 61 ); Godard v. Peavy, 32 Ga. App. 121 ( 122 S. E. 634 ). So much of the *751 petition as sought recovery because of an injury due to the use of that part of the floor which the plaintiff knew was rotten, was defective', for the reason that a tenant or his invitee can not recover for such injuries, because it is his duty to refrain from using parts of the premises which he knows are defective and dangerous. Jackson v. Davis, 39 Ga. App. 621 ( 147 S. E. 913 ); Yancey v. Peters, 49 Ga. App. 128 ( 174 S. E. 182 ); Ball v. Walsh, 137 Ga. 350 ( 73 S. E. 585 ); Donehoe v. Crane, 141 Ga. 224 ( 80 S. E. 712 ); Gallovitch v. Ellis, 55 Ga. App. 780 ( 191 S. E. 384 ). The court properly sustained the general demurrer to the petition.

Decided February 17, 1938. Rehearing denied April 4, 1938. William A. Thomas, for plaintiff. J ames B. Davis, for defendant.

Judgment affirmed.

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

How later courts describe this case

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

Cited by 7 cases

View all citing references →

State Appellate Courts7

Relies on it most ⓘ

Banks v. Housing C. of Atlanta53 S.E.2d 595 (Ga. Ct. App. 1949)
Leonard v. FULTON NATL. BANK OF ATLANTA72 S.E.2d 93 (Ga. Ct. App. 1952)
Oliver v. Complements, Ltd.378 S.E.2d 154 (Ga. Ct. App. 1989)
City of Dalton v. Anderson33 S.E.2d 115 (Ga. Ct. App. 1945)
Upchurch v. Coggins27 S.E.2d 869 (Ga. Ct. App. 1943)
Peeler v. Smith198 S.E. 827 (Ga. Ct. App. 1938)

Most recent

Oliver v. Complements, Ltd.378 S.E.2d 154 (Ga. Ct. App. 1989)
Harris v. Edge90 S.E.2d 47 (Ga. Ct. App. 1955)
Leonard v. FULTON NATL. BANK OF ATLANTA72 S.E.2d 93 (Ga. Ct. App. 1952)
Banks v. Housing C. of Atlanta53 S.E.2d 595 (Ga. Ct. App. 1949)
City of Dalton v. Anderson33 S.E.2d 115 (Ga. Ct. App. 1945)
Upchurch v. Coggins27 S.E.2d 869 (Ga. Ct. App. 1943)

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 8

Depth	Case	Cited by
	Ball v. Walsh, 73 S.E. 585 (Ga. 1912)	29
	Dobbs v. Noble, 189 S.E. 694 (Ga. Ct. App. 1937)	27
	Donehoe v. Crane, 80 S.E. 712 (Ga. 1913)	23
	Godard v. Peavy, 122 S.E. 634 (Ga. Ct. App. 1924)	19
	Gledhill v. Harvey, 190 S.E. 61 (Ga. Ct. App. 1937)	17
	Gallovitch v. Ellis, 191 S.E. 384 (Ga. Ct. App. 1937)	16
	Jackson v. Davis, 147 S.E. 913 (Ga. Ct. App. 1929)	14
	Yancey v. Peters, 174 S.E. 182 (Ga. Ct. App. 1934)	5

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