26 Ga. App. 558 | Ga. Ct. App. | 1921
1. While it is the general rule that, in the absence of an agreement so to do, a landlord is not bound to repair a patent defect in a building, the existence of which was known to the tenant at the time the rent contract was entered into (Aikin v. Perry, 119 Ga. 263(3) (46 S. E. 93); Driver v. Maxwell, 56 Ga. 11(2) ; White v. Montgomery, 58 Ga. 204(1) ), this principle of waiver did not have application where the defect arose during the term of the tenancy, which, according to the contention of the landlord, expired and was renewed at the end of each week, where it also appeared that the landlord had been notified by the tenant of such defect, and, without refusing to repair it prior to any such weekly renewal, had failed so to do within a reasonable time after such notice had been given. In such a case the renewal will not be taken as a waiver of the defect, but will he construed in connection with the notice given and the resultant obligation devolving upon the landlord.
2. Although the tenant may not have waived performance of the landlord’s
3. The court did not err in charging the jury that a child of such tender years might recover damages for physical and mental pain and suffering. Elk Cotton Mills v. Grant, 140 Ga. 727(6), 733 (79 S. E. 836, 48 L. R. A. (N. S.) 656) ; City & Suburban Ry. Co. v. Findley, 76 Ga. 311(5), 318; Cooper v. Mullins, 30 Ga. 146(2), 152 (76 Am. Dec. 638).
4. There being some evidence to support the plaintiff’s contention as to each of the contested issues involved, the trial judge did not abuse his discretion in refusing to grant a new trial.
Judgment affh-med.