Jones v. Royster Guano Co.
Court of Appeals of Georgia
Action for damages, from city court of Macon- — ■ Judge Hodges. December 5, 1908. Jones brought suit against the Eoyster Guano Company, seeking-to recover damages for the erection and maintenance by the defendant of a fertilizer factory near his home in such a manner as to create a nuisance.
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Action for damages, from city court of Macon- — ■ Judge Hodges. December 5, 1908. Jones brought suit against the Eoyster Guano Company, seeking-to recover damages for the erection and maintenance by the defendant of a fertilizer factory near his home in such a manner as to create a nuisance. He alleged, that he is the owner of a tract of about sis acres of land upon which a house occupied by him as a home is located, in the suburbs of the city of Macon; that the defendant’s factory is adjacent to his home, and that the materials used in the manufacture of fertilizers therein give forth such a…
1Opinion of the CourtBussell, J.
(After stating the foregoing facts.)
1. It is insisted by the defendant that the plaintiff’s petition should be construed as a suit to recover only permanent damages to the freehold, and that depreciation in market value is the only proper item of damages in such a suit. We think, however, that it sufficiently appears, from the allegations of the petition, that the plaintiff was suing for permanent damages to the freehold, and also for damages to the value of the use of the property during the period covered by the maintenance of the alleged nuisance. This is made particularly plain by the…
2Cases cited13 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Milltown Lumber Co. v. CarterCourt of Appeals of Georgia · 1908
- Swift v. BroylesSupreme Court of Georgia · 1902
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3Cited by15 opinions
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
- Sheppard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1924
- Moore v. Macon Coca-Cola Bottling Co.Supreme Court of Georgia · 1935
- City of Summerville v. SellersCourt of Appeals of Georgia · 1956
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