Taylor v. Boyce

Jordan, Judge.

1. Where a tenant is injured as a result of defects in a part of the rented premises which he continued to use after knowledge that such part of the premises was in a defective and unsafe condition, the failure on the part of the tenant to exercise ordinary care for his own safety by refraining from the use of such portion of the premises and thus avoiding the consequences to himself caused by the landlord’s negligence in failing to repair will be held to be the sole proximate cause of the injuries sustained. Code § 105-603; Ball v. Walsh, 137 Ga. 350 (73 SE 585); Donehoe v.…