City of Atlanta v. Warnock
Supreme Court of Georgia
Before Judge Marshall J. Clarke. Fulton county.. June 22, 1892. Mrs. Warnock brought her petition for injunction against the City of Atlanta, alleging as follows: The city has opened two manholes, two feet in diameter, with perforated tops, into the large sewer extending-along Wheat street, both within a few feet of petitioner’s property which fronts 290 feet on Wheat street and. 150 feet on Courtland street, where she and her family-have resided for twelve years, one of the…
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Before Judge Marshall J. Clarke. Fulton county.. June 22, 1892. Mrs. Warnock brought her petition for injunction against the City of Atlanta, alleging as follows: The city has opened two manholes, two feet in diameter, with perforated tops, into the large sewer extending-along Wheat street, both within a few feet of petitioner’s property which fronts 290 feet on Wheat street and. 150 feet on Courtland street, where she and her family-have resided for twelve years, one of the manholes being on the corner of the two streets and the other on Wheat street, with no trap or obstruction to prevent…
1Opinion of the Court
Bleckley, Chief Justice.
1. There was evidence indicating that the system of sewerage adopted by the city was a good and safe one, and that the nuisance complained of or its dangerous character did not result from any defect inherent in the system itself, but was due to defective execution in, failing to adapt the system properly to the steep grade of the street in- which this particular unwholesome .sewer was constructed and is maintained. There was ample evidence that poisonous gases in large' quantities were emitted through the manholes in this sewer, which were dangerous to health and…
2Cited by27 opinions
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
- Central of Georgia Railway Co. v. Americus Construction Co.Supreme Court of Georgia · 1909
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