King Hardware Co. v. Teplis, 84 S.E.2d 686 (Ga. Ct. App. 1954). · Go Syfert
King Hardware Co. v. Teplis, 84 S.E.2d 686 (Ga. Ct. App. 1954). Cases Citing This Book View Copy Cite
53 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: Robinson v. Kroger Co. (ga, 1997-12-03)
Treatment trajectory · 1956 → 2026 · click a year to view as-of
1956 1991 2026
Top citers, strongest first. 12 distinct citers.
discussed Cited as authority (rule) Robinson v. Kroger Co.
Ga. · 1997 · confidence medium
The invitee is not bound to avoid hazards not usually present on the premises and which the invitee, exercising ordinary care, did not observe (King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ) (1954)), and the invitee is not required, in all circumstances, to look continuously at the floor, without intermission, for defects in the floor.
cited Cited as authority (rule) Hartley v. MacOn Bacon Tune, Inc.
Ga. Ct. App. · 1997 · confidence medium
McGrew v. S. S. Kresge Co., 140 Ga. App. 149, 151 ( 230 SE2d 119 ) (1976); King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ) (1954).
discussed Cited as authority (rule) McCrary v. Bruno's, Inc. (2×) also: Cited "see"
Ga. Ct. App. · 1995 · confidence medium
He must make use of all his senses in a reasonable measure amounting to ordinary care in discovering and avoiding those things that might cause hurt to him.” ’ McGrew v. S. S. Kresge Co., 140 Ga. App. 149, 151 [(4)] ( 230 SE2d 119 ) (1976); King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ) (1954).
discussed Cited as authority (rule) Hall v. Thompson
Ga. Ct. App. · 1989 · confidence medium
If plaintiff knows of a defect, “(she) must make use of all (her) senses in a reasonable measure amounting to ordinary care in discovering and avoiding those things that might *575 cause hurt to (her).” King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ); Taylor v. McDonald, 183 Ga. App. 320, 321 ( 359 SE2d 1 ).
cited Cited as authority (rule) Amear v. Hall
Ga. Ct. App. · 1982 · confidence medium
King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ); Alterman Foods v. Ligon, 246 Ga. 620, 623 ( 272 SE2d 327 ).
discussed Cited as authority (rule) Alterman Foods, Inc. v. Ligon
Ga. · 1980 · confidence medium
He must make use of all his senses in a reasonable measure amounting to ordinary care in discovering and avoiding those things that might cause hurt to him.” McGrew v. S. S. Kresge Co., 140 Ga. App. 149, 151 ( 230 SE2d 119 ) (1976); King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ) (1954).
cited Cited as authority (rule) Sears, Roebuck & Co. v. Chandler
Ga. Ct. App. · 1979 · confidence medium
King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ).
discussed Cited as authority (rule) McGrew v. S. S. Kresge Co.
Ga. Ct. App. · 1976 · confidence medium
He must make use of all his senses in a reasonable measure amounting to ordinary care in discovering and avoiding those things that might cause hurt to him.” King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ).
discussed Cited as authority (rule) Marshall v. Pig'n Whistle, Inc.
Ga. Ct. App. · 1960 · confidence medium
The invitee, in coming upon the land, may rely upon the discharge of this duty by the person occupying the land and in control of it, and therefore is not necessarily and as a matter of law guilty of negligence in failing to discover the existence of a patent defect in the premises which renders it unsafe for persons coming upon the premises,” and in part from King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 S. E. 2d 686 ): “He is not barred of a recovery simply because by extreme care on his part it would have been possible for him to have discerned the articles negligently left in th…
discussed Cited as authority (rule) Big Apple Super Market of Rome, Inc. v. Briggs
Ga. Ct. App. · 1960 · confidence medium
He is not barred of a recovery simply because by extreme care on his part it would have been possible for him to have discerned the articles negligently left in the aisles or passageways customarily used by the store patrons at the merchant’s tacit invitation.” King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 S. E. 2d 686 ).
discussed Cited "see" Kres v. WINN-DIXIE STORES, INC. (2×)
Ga. Ct. App. · 1987 · signal: see · confidence high
See King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 SE2d 686 ) (1954); Kitchens v. Davis, 96 Ga. App. 30, 34 ( 99 SE2d 266 ) (1957).
discussed Cited "see, e.g." Martin v. Henson (2×)
Ga. Ct. App. · 1957 · signal: see also · confidence medium
See also King Hardware Co. v. Teplis, 91 Ga. App. 13, 15 ( 84 S. E. 2d 686 ) wherein this court held: “He is not barred of a recovery simply because by extreme care on his part *738 it would have been possible for him to have discerned the articles negligently left in the aisles or passageways customarily used by the store patrons at the merchant’s tacit invitation ... it is a question for the jury as to what is required of the customer under the facts of each case.” See also Scott v. Rich’s, Inc., 47 Ga. App. 548, 551 ( 171 S. E. 201 ) wherein it is said: “The principle is too well …
KING HARDWARE COMPANY
v.
TEPLIS (Two Cases)
35246, 35247.
Court of Appeals of Georgia.
Oct 26, 1954.
84 S.E.2d 686
Marshall, Greene & Neely, Ferdinand Buckley, Edgar A. Neely, Jr., for plaintiffs in error., Powell, Goldstein, Frazer & Murphy, Travers Hill, contra.
Quillian, Felton, Nichols.
Cited by 25 opinions  |  Published
[*14] Quillian, J.

Mrs. Mary Teplis and Louis Teplis, her husband (hereinafter referred to as the plaintiffs), filed their separate petitions in the Fulton Superior Court against King Hardware Company. The petitions alleged in substance that Mrs. Teplis had gone into the defendant’s retail store on April 8, 1953, for the purpose of making a purchase; that, after she had made her purchase, she proceeded toward the front store entrance by an aisle provided for customers in passing between merchandise counters upon which goods for sale were displayed; that as she reached the front end of the aisle, which ran from the front to the rear of the store, she tripped on a piece of two-inch mesh chicken wire, which had, unknown to her, been placed on the floor of said aisle by one of the defendant’s employees who was measuring off a piece of such wire for sale to another customer; that the end of the piece of wire upon which she tripped was in the aisle and had curled up at its end so that it formed an obstruction approximately six inches above the floor upon which her shoe caught causing her to fall and sustain certain personal injuries; that, as she walked along said aisle and tripped on the wire, her attention was diverted by wares displayed on adjacent counters so that she did not observe said obstruction until she had tripped upon it; that the obstruction was at floor level; that the floor was dark and poorly lighted; that the wire being two-inch mesh chicken wire had little substance; that the defendant knew or in the exercise of ordinary care should have known customers using the aisle would expect it to be free from obstructions; and that the customers’ attention would be attracted to the displayed goods so that such customers could not be expected to observe an obstruction in said aisle; and that the defendant was negligent, (a) in permitting the aisle to be obstructed and made unsafe by the presence of the chicken wire, (b) in failing to warn the plaintiff of the allegedly dangerous condition, and (c) in permitting the plaintiff to use the aisle while it was obstructed.

The defendant filed general demurrers to the petitions; the plaintiffs amended by alleging that Mrs. Teplis at all times in question was exercising ordinary care for her own safety; the defendant renewed its general demurrers to the petitions as amended; the court overruled the general demurrers and the exceptions here are to that ruling.

[*15] This suit is predicated upon the negligence of the defendant in allowing certain chicken wire to remain in the aisles of its store, over which wire the plaintiff, Mrs. Teplis, stumbled and was injured.

When a customer enters the store of a merchant, the merchant does not become the insurer of the customer’s safety; the merchant is required by the law of this State only to exercise ordinary care to avoid injuring the customer. McCrory Stores Corp. v. Ahern, 65 Ga. App. 334 (15 S. E. 2d 797).

The customer must exercise ordinary care for his own safety, and must by the same degree of care avoid the effect of the merchant’s negligence after it becomes apparent to him or in the exercise of ordinary care he should have learned of it. He must make use of all his senses in a reasonable measure amounting to ordinary care in discovering and avoiding those things that might cause hurt to him. It is his duty, as has been held by this court, to exercise ordinary care to observe such obstructions as an ordinarily prudent man would under normal conditions expect in the aisles of the business house in which he is an invitee. Delay v. Rich’s Inc., 86 Ga. App. 30 (70 S. E. 2d 546).

The customer is not bound to avoid tripping or stumbling over articles which are not usually, or are unusually, obstructing the aisles of a store, and which in the exercise of ordinary care he did not observe. He is not barred of a recovery simply because by extreme care on his part it would have been possible for him to have discerned the articles negligently left in the aisles or passageways customarily used by the store patrons at the merchant’s tacit invitation.

It is argued that chicken wire is commonly measured on the floor in the aisles of hardware stores and allowed to extend in the aisles of stores where customers are invited to enter, leave, and go about the store; and that the customer entering the store where chicken wire is customarily sold should take care to observe that it is not unrolled, and extending a few inches from the floor out in the aisle where the shopkeeper has invited him to walk.

This position is not well taken; it is a question for the jury as to what is required of the customer under the facts of each[*16] case, in reference to his duty to observe obstructions on the floor of the store. Some articles are so bulky, or so generally to be expected in the place where the customer is injured by them, that there can be no question that an ordinarily prudent person should observe and avoid them. In this case the chicken wire, extending out into the aisle only a few inches from the floor and hard to see on account of its open texture and light color, was not by any means in that category.

The court properly overruled the general demurrers.

Judgments in both cases affirmed.

Felton, C. J., and Nichols, J., concur.