Oglethorpe Company v. Carmack

3 Citing cases

  1. Brandywine Townhouses v. Morrison

    408 S.E.2d 422 (Ga. Ct. App. 1991)   Cited 5 times
    In Brandywine Townhouses v. Morrison, 200 Ga. App. 425 426 (1) (408 S.E.2d 422) (1991), a non-precedential case cited by Johnson, the Court depended on earlier cases for the proposition that "[w]hen a landlord is put on notice of a patent defect, he is also charged with knowledge of any latent dangerous condition that a reasonable inspection would have revealed. If he does not make any necessary repairs within a reasonable time, he can be held liable for injuries resulting from the dangerous condition.

    When a landlord is put on notice of a patent defect, he is also charged with knowledge of any latent dangerous condition that a reasonable inspection would have revealed. If he does not make any necessary repairs within a reasonable time, he can be held liable for any injuries resulting from the dangerous condition. Carmack v. Oglethorpe Co., 114 Ga. App. 512, 516 ( 151 S.E.2d 799) (1966), rev'd on other grounds, 223 Ga. 128 ( 153 S.E.2d 541) (1967); Canfield v. Howard, 109 Ga. App. 566 (3) ( 136 S.E.2d 431) (1964). Questions concerning whether a reasonable inspection would have revealed the latent dangerous condition associated with water in the globe of Morrison's kitchen light fixture, whether the landlord had been given a reasonable time to make repairs, and whether Morrison was either contributorily negligent or had assumed the risk of her injuries are all questions that should properly be submitted to a jury in this case.

  2. Carmack v. Oglethorpe Company

    161 S.E.2d 357 (Ga. Ct. App. 1968)   Cited 4 times

    " Crow v. Mothers Beautiful Co., 115 Ga. App. 747, 748 ( 156 S.E.2d 193); Chambliss v. Hall, 113 Ga. App. 96, 97 ( 147 S.E.2d 334); Smith v. McMichael, 203 Ga. 74 (5) ( 45 S.E.2d 431). 3. Applying the foregoing law to the facts of this case, where it appears that this plaintiff was nonsuited on September 20, 1965, and that an abortive appeal attempted to be taken from that judgment was dismissed for failure to prepare a transcript of evidence (see Oglethorpe Co. v. Carmack, 223 Ga. 128 ( 153 S.E.2d 541), conformed to in Carmack v. Oglethorpe Co., 115 Ga. App. 368 ( 154 S.E.2d 743)), and that the present action was not brought until March 15, 1967, more than six months after the judgment of nonsuit, and after the statute of limitation had run on the cause of action, this action was filed too late. The trial court sustained a plea denominated a plea in abatement (which as such would be insufficient because not filed within 30 days after the service of the petition) but which was really a plea in bar because it alleged: "No proper appeal was perfected from the judgment of DeKalb Superior Court, dated September 20, 1965, granting the defendant's motion for nonsuit, and that judgment, therefore, stands as the law of this case and as a final adjudication of the plaintiff's cause of action."

  3. Carmack v. Oglethorpe Company

    154 S.E.2d 719 (Ga. Ct. App. 1967)   Cited 1 times

    FELTON, Chief Judge. The judgment of this court denying the motion to dismiss the appeal was reversed by the Supreme Court in Oglethorpe Company v. Carmack, 223 Ga. 128 ( 153 S.E.2d 541). The judgment of this court denying the motion to dismiss the appeal is vacated, and the motion to dismiss the appeal is granted. Appeal dismissed. Frankum and Pannell, JJ., concur.