8 Ga. App. 597 | Ga. Ct. App. | 1911
(After stating the foregoing facts.)
There are cases in which the question as to who is the occupier of the premises, within the purview of this rule, arises. Such a case was that of Butler v. Lewman, 115 Ga. 752 (42 S. E. 98). In that case a fire had rendered the building unfit for occupancy, and the owners had surrendered complete control over it to a firm of contractors who had undertaken its restoration. As the court points out in that case, the owners of the building had no control whatever over it, and had no power or right to license anybody to enter; that right and prerogative having been fully transferred to the contractors. An employee of a subcontractor was injured by falling down an elevator shaft,’ improperly protected and lighted. It was held that the original contractor, he who had control over
The petition in the present case, as against general demurrer, presents an instance of a person who, being lawfully upon another’s premises for a designated purpose, and who, having occupied the position on these premises naturally and normally to be anticipated by the proprietor of the premises, has been injured by a dangerous
Judgment reversed.