Legal Opinion

South Carolina Railroad v. Ells

Supreme Court of Georgia

Decided December 15, 1869PublishedCited by 4 opinions

Jurisdiction over Nuisances. Prohibition. Before Judge Gibson. Richmond Superior Court.. June Term, 1869. In June, 1869, W. J. Nason sued'out a warrant before Ells and another Justice of the Peace, in Augusta, Georgia, against the South Carolina, Georgia, and Augusta and Summerville Railroad Companies, complaining that the running of their trains, over the railway in and along Washington street, in said city, was a public, nuisance, annoying to the citizens in general, and…

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Jurisdiction over Nuisances. Prohibition. Before Judge Gibson. Richmond Superior Court.. June Term, 1869. In June, 1869, W. J. Nason sued'out a warrant before Ells and another Justice of the Peace, in Augusta, Georgia, against the South Carolina, Georgia, and Augusta and Summerville Railroad Companies, complaining that the running of their trains, over the railway in and along Washington street, in said city, was a public, nuisance, annoying to the citizens in general, and injurious and dangerous to persons frequenting said street. The proper officers of the roads were notified that, at a…

1Opinion of the CourtBrown, C. J.

Section 4023 of the Code specifies what nuisances may . be abated, and .gives jurisdiction to any two or more Justices of the Peace, of the county, to abate such nuisance by order, founded upon the opinion of twelve freeholders of said county, summoned, sworn and empaneled for that purpose. Section 4024, is in these words: “If the nuisances complained 'of exists, in a town, or city, under the government of a Mayor, Intendant, Aldermen, Wardens, or Common Council, or Commissioners, such nuisance, by and with the advice of such Aldermen, Wardens, Council, or Commissioners, may be abated and…

2Cited by4 opinions

  1. North Bloomfield Gravel Mining Co. v. KeyserCalifornia Supreme Court · 1881
  2. City of Macon v. AndersonSupreme Court of Georgia · 1923
  3. Augusta & Summerville Railroad v. City CouncilSupreme Court of Georgia · 1897
  4. Meador v. Central Georgia Power Co.Supreme Court of Georgia · 1911

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