Carter v. Brannon

Pannell, Judge.

1. The evidence and materials produced upon the hearing on a motion for summary judgment made by the defendant landlord was sufficient to authorize a finding that the 3-year-old child of the tenant fell into a depression along a paved driveway and walk belonging to the leased premises, and that the child’s fall was caused by the depression, and that the defendant landlord, as an inducement to the tenant to rent the premises, promised to fill the depression and was therefore under a duty to repair, which duty he failed to perform. Accordingly, a finding was authorized as to the…