Lowe v. Holbrook
Supreme Court of Georgia
Nuisance. Trespass. Damages. Injunction. Before Judge Hammond. Fulton County. At Chambers. August 28, 1883. Holbrook, trustee, filed his bill against Lowe, trustee, alleging, in brief, as follows: Complainanc and defendant are owners of adjoining lots, on which are houses which were built two stories high, with a party wall between them.
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Nuisance. Trespass. Damages. Injunction. Before Judge Hammond. Fulton County. At Chambers. August 28, 1883. Holbrook, trustee, filed his bill against Lowe, trustee, alleging, in brief, as follows: Complainanc and defendant are owners of adjoining lots, on which are houses which were built two stories high, with a party wall between them. Afterwards, defendant added another story to his building, making it three stories high, and resting the wall partly on his side and partly on complainant’s. This was done voluntarily by him, and he cut several windows in the wall, overlooking the roof of…
1Opinion of the Court
Hall, Justice.
The jurisdiction of equity to arrest a nuisance about to be erected or commenced, is unquestionable, whenever it will be irreparable in damages, and the consequences resulting therefrom are not merely possible..but to a reasonable degree certain. Code, §3002.
The unauthorized use of the premises of another, in putting trash, filth and garbage upon the same, in such a manner as 'to interfere constantly with their reasonable and unimpeded use by the owner and to occasion him hurt, annoyance and damage, in addition to being a nuisance, is a continuing trespass, which may be…
2Cited by4 opinions
- Horton v. FultonSupreme Court of Georgia · 1908
- Cairo Pickle Co. v. MuggridgeSupreme Court of Georgia · 1949
- Hancock v. MoriaritySupreme Court of Georgia · 1959
- Cairo Pickle Co. v. MuggridgeSupreme Court of Georgia · 1949