Georgia Chemical, Co. v. Colquitt
Supreme Court of Georgia
Nuisance. Damages. Injunction. ■ Equity. Before Judge Hammond. Fulton Superior Court. October Term, 1882. Reported in the decision.
1Opinion of the Court
Blandford, Justice.
The question here is, can a court of equity restrain a public nuisance which causes special damage to individuals ?
The bill alleges (hat plaintiffs in error are engaged in manufacturing sulphuric acid near their residences and families; that it causes their shade, ornamental trees and shrubbery to die; causes sickness, coughs, etc., in and among their families and children; it emits the most poisonous and noxious vapors, etc.
If a public nuisance causes special damage to an individual, in which the public do not p irticipate, such special damage gives a right of action.…
2Cases cited1 opinion
- Norwood v. DickeySupreme Court of Georgia · 1855
3Cited by8 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Gray Lumber Co. v. GaskinSupreme Court of Georgia · 1905
- Hill v. McBurney Oil & Fertilizer Co.Supreme Court of Georgia · 1901
- Town of Rentz v. RoachSupreme Court of Georgia · 1922
- Kavanagh v. Mobile & Girard RailroadSupreme Court of Georgia · 1887
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