Alexander v. Rhodes
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. November term, 1897. This suit was on account of injuries which the tenant alleged were sustained by her in consequence of the condition of the landlord’s premises.
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Action for damages. Before Judge Reid. City court of Atlanta. November term, 1897. This suit was on account of injuries which the tenant alleged were sustained by her in consequence of the condition of the landlord’s premises. The defendant demurred on the ground that no cause of action was set forth, because the declaration showed that plaintiff knew of the existence of the alleged cause of the injury at the time the same happened, and of all the facts and circumstances which made the injury possible. The court sustained the demurrer, and the plaintiff excepted. The declaration alleged, that…
1Opinion of the CourtSimmons, C. J.
The landlord was complying with his duties under the law. He was making needed repairs, which had, doubtless, been demanded by the tenant. There was no negligence, on the part of the landlord, in removing the steps in order to make the repairs. There was no notice given him, before .the steps were removed or afterward, of the emergency which necessitated the tenant’s leaving the house. Without calling on the landlord or his agent to replace the steps or to provide means of egress from the house in order to respond to the emergency, the tenant undertook to descend “by sliding or easing herself…
2Cases cited1 opinion
- Johnson v. CollinsSupreme Court of Georgia · 1896
3Cited by12 opinions
- Alexander v. OwenCourt of Appeals of Georgia · 1916
- Hearn v. BardenCourt of Appeals of Georgia · 1967
- City of Rome v. BakerSupreme Court of Georgia · 1899
- Lariscy v. EschetteCourt of Appeals of Georgia · 2010
- Johnston v. RossCourt of Appeals of Georgia · 2003
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