114 Ga. 390 | Ga. | 1901
Andrews & Company sued Kinsel for $500 damages, making by their petition substantially the following case: The plaintiffs rented from the defendant a storehouse in the city of Columbus, in which they transacted a mercantile business, and it was the duty of the defendant, as the landlord of the plaintiffs, to keep the premises in good repair. The defendant also owned the storehouse adjoining that rented by the plaintiffs, a partition wall dividing the two stores. On a named day the defendant, by his agents and servants, entered his storehouse adjoining the plaintiffs’ place of business, for the purpose of making certain repairs thereon, and in making the repairs the partition between the two storehouses was removed, or partly removed, leaving the store of the plaintiffs exposed and unprotected; and upon leaving the place at night, the defendant’s agents and servants negligently and carelessly left open two rear windows in the store next to that of the plaintiffs, thereby rendering it easy to effect an entrance into the plaintiffs’ store through the rear windows and the opening in the partition. On the night in question a burglar or burglars did gain entrance to the plaintiffs’ store in the manner described and steal fron^ the plaintiffs a large quantity of merchandise, to their damage as aforesaid. No notice was given to tlieplaintiffs that the partition had been removed, or that the windows had been left open; and this also is alleged to have been negligence. The defendant filed a demurrer to the petition, which was overruled; and he also
Writ of error on main bill of exceptions dismissed; judgment on cross-bill reversed.