SPIRES v. FITZSIMMONS

39451.

106 Ga. App. 22 (1962)

126 S.E.2d 244

SPIRES v. FITZSIMMONS.

Court of Appeals of Georgia.

Decided May 11, 1962.


Attorney(s) appearing for the Case

Weltner & Branan, Charles L. Weltner, for plaintiff in error.

Lokey & Bowden, Hamilton Lokey, contra.


JORDAN, Judge.

"The responsibility of a landlord for damages from personal injuries to a tenant or his invitee, for failure to repair a latent defect in the premises before leasing it, is not absolute, but is predicable only on his knowledge of the defect and consequent necessity for repairs." Elijah A. Brown Co. v. Wilson, 191 Ga. 750 (1) (13 S.E.2d 779). "This knowledge may, of course, be constructive as well as actual; for the landlord can not, merely by...

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