City Council v. Reynolds
Supreme Court of Georgia
Injunction. Before Judge Hammond. Richmond superior court. April 1, 1905. An information was filed in behalf of the State by the solicitor-general of the Augusta circuit, upon the petition of named parties complaining of the City Council of Augusta add of John D. Twiggs Jr., as captain of the Oglethorpe Infantry, a company of the State militia.
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Injunction. Before Judge Hammond. Richmond superior court. April 1, 1905. An information was filed in behalf of the State by the solicitor-general of the Augusta circuit, upon the petition of named parties complaining of the City Council of Augusta add of John D. Twiggs Jr., as captain of the Oglethorpe Infantry, a company of the State militia. The petition alleged, in substance, as follows: For several years past it has been customary from time to time to hold street fairs or carnivals in the city of Augusta. The city council has granted the defendant Twiggs permission to hold one of such…
1Opinion of the CourtCobb, J.
1. Streets are primarily intended for the use of travelers; and a municipal corporation has no power, in the absence of express legislative authority, to allow a street to be used for any other purpose. Political Code, § 745. Any permanent structure in a street which materially interferes with travel thereon is a public nuisance. Permanent structures which do not interfere with travel and which are erected for public purposes, such as telegraph and telephone poles, and the like, are permissible. But no permanent structure of any character which interferes in the slightest degree with the…
2Cases cited2 opinions
- Lofton v. CollinsSupreme Court of Georgia · 1903
- Mayor of Columbus v. JaquesSupreme Court of Georgia · 1860
3Cited by24 opinions
- Schlesinger v. City of AtlantaSupreme Court of Georgia · 1925
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Robins v. McGeheeSupreme Court of Georgia · 1907
- Brindle v. CopelandSupreme Court of Georgia · 1916
- Rider v. PorterSupreme Court of Georgia · 1918
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