Mathis v. Gazan

ON MOTION TOR. REHEARING.

MacIntyre, J.

The defendant moves for a rehearing on the ground that the court has apparently overlooked the fact that the plaintiff was injured by using the exact part of the premises which she had notified the landlord was defective, and was injured because of the exact defective condition which she had called to the landlord’s attention; and cites Jackson v. Davis, 39 Ga. App. 621 (147 S. E. 913), the cases therein cited, and Yancey v. Peters, 49 Ga. App. 128 (174 S. E. 182). In the Jaclcson case it is said: “When rented premises become defective and unsafe, it is…