Harp v. Smith

McMurray, Presiding Judge.

This case involves a suit for personal injuries received by plaintiff when she fell in an unmarked and unlighted stairwell leading to the basement in defendants’ home. Plaintiff’s complaint for damages alleges that the defendant wife, acting as agent for the defendant husband, negligently caused injury to plaintiff.

The factual allegations in the case sub judice are substantially similar to those set forth in detail in Smith v. Harp, 150 Ga. App. 96 (256 SE2d 675), a prior action by plaintiff against the defendant husband, except that plaintiff now names as defendant…