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KULMAN v. SULCER

37466.

99 Ga. App. 28 (1959)

107 S.E.2d 674

KULMAN et al. v. SULCER et al.

Court of Appeals of Georgia.

Rehearing Denied February 2, 1959.

Attorney(s) appearing for the Case

A. Walton Nall, John Izard, Nall, Miller, Cadenhead & Dennis, Spalding, Sibley, Troutman, Meadow & Smith, Harry C. Howard, Jr., James W. Dorsey, Carl Buice, for plaintiffs in error.

Ginsberg & Haskins, A. Sidney Parker, Hamilton Lokey, Arnall, Golden & Gregory, Smith, Swift, Currie & McGhee, Charles D. Weltner, contra.

McChesney H. Jeffries, for parties at interest not parties to record.

TOWNSEND, Judge.

1. It is perfectly true, as contended by the plaintiffs in error, that a landlord is not liable to a tenant for the trespass or negligence of a cotenant to whom the landlord has surrendered control of another part of the premises. J. B. White & Co. v. Montgomery, 58 Ga. 204 (2); Leonard v. Fulton Nat. Bank of Atlanta, 86 Ga.App. 635 (72 S.E.2d 93

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