55 Ga. App. 821 | Ga. Ct. App. | 1937
Mrs. Johnnie K. Lee brought suit against Miss Alberta Malone, for damages alleged to have been sustained by her because of the negligence of the defendant; the petition alleging substantially, that the defendant owned and operated in the City of Atlanta an apartment-house which had been converted from a residence into five separate units; that the defendant lived on the premises, collected the rents, and supervised the maintenance and repair work on the premises, and had full knowledge of the condition thereof; that the plaintiff was a tenant in said apartment, occupying an upstairs or second-floor unit of the building; that at the time she leased the apartment unit there was a straight stairway leading to the entrance of the apartment leased by her, this stairway being on the outside of the building and extending from the ground to the second floor, but the defendant tore down
The defendant generally demurred • to the petition on the grounds, among others, that it did not allege with sufficient certainty the manner in which the plaintiff fell or the cause thereof; that, while she alleges that she was exercising all reasonable care and diligence, the allegations of the petition do not support such conclusions, but show that the plaintiff not only knew that the steps were inadequately lighted but that as she started down the
Special grounds of demurrer were not passed' on, but the court sustained the general demurrer, granting to the plaintiff fifteen days in which to amend the petition to meet the ruling, and ordering that the petition stand dismissed unless amended within such time. The plaintiff, without amending, excepted to the judgment.
On general demurrer a petition must be construed most strongly against the pleader, and general averments must yield to specific allegations of fact. In the present case the petition shows that the alleged unsafe and defective condition of the stairway was not as to the stairway itself, but only because of the effect brought about by a lack of sufficient illumination on the stairway and the casting of deceptive shadows from a street light. It is not alleged that any repairs were needed, or that the landlord had been notified that any were needed, or that there was a latent defect, or that the steps were slippery and that she fell because of a slippery condition or improper construction, or that there was any trap or obstruction about the stairway or any element of danger independent of outside factors. The danger was obvious. Ordinary care
Judgment affirmed.