Jordan v. Liberson

Parker, J. In an action by a tenant against her landlord for injuries alleged to have been sustained by the tenant because of a latent defect in the premises, the defendant’s renewed general demurrer to the petition as amended was properly sustained and the petition dismissed, where there was a failure to allege that the owner knew or by the exercise of ordinary care should have known of the latent defect, or *84 that the defendant constructed or supervised the construction of the building. See Burke v. Sams, 61 Ga. App. 279 (6 S. E. 2d, 596); Cone v. Lawhon, 61 Ga. App. 797 (7 S. E. 2d, 597). Decided May 6, 1944. Joe Bill Smith, for plaintiff. J. Hugh Rogers, for defendant. Judgment affirmed. Sutton, P. J., concurs.