Legal Opinion

Augusta-Aiken Railway & Electric Corp. v. Hafer

Court of Appeals of Georgia

Decided November 13, 1917No. 8413PublishedCited by 14 opinions

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

1Opinion of the CourtLuke, 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…

2Cases cited2 opinions

  1. Stack v. HarrisSupreme Court of Georgia · 1900
  2. Ocean Steamship Co. v. HamiltonSupreme Court of Georgia · 1901

3Cited by14 opinions

  1. Crossgrove v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1923
  2. Kreiss v. Allatoona Landing, Inc.Court of Appeals of Georgia · 1963
  3. Dobbs v. NobleCourt of Appeals of Georgia · 1937
  4. Rothberg v. BradleyCourt of Appeals of Georgia · 1952
  5. Golf Club Co. v. RothsteinCourt of Appeals of Georgia · 1958

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