Legal Opinion
Pig'n Whistle Sandwich Shops Inc. v. Keith
Supreme Court of Georgia
Decided January 23, 1929No. 6827PublishedCited by 12 opinions
1Opinion of the CourtHines, J.
1. Tlie business of operating a sandwich or barbecue stand is
not a nuisance per se; but it may become one per aceidens. Standard Oil Co. v. Kahn, 165 Ga. 575 (141 S. E. 643).
2. In the absence of statute or ordinance prohibiting it, the business of conducting a sandwich or barbecue stand can be operated at all hours of the night, if the same is carried on in a proper manner.
3. Where the business alleged to be a nuisance is lawful and can be carried on without the injuries complained of, the defendant should not ,be restrained from carrying it on at all, but should be restrained from carrying…
2Cases cited5 opinions
- Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
- Standard Oil Co. v. KahnSupreme Court of Georgia · 1928
- Southern Cotton Oil Co. v. OverbySupreme Court of Georgia · 1911
- Burns v. HaleSupreme Court of Georgia · 1926
- Brown v. SmithSupreme Court of Georgia · 1920
3Cited by12 opinions
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- Warren Company v. DicksonSupreme Court of Georgia · 1938
- Wilson v. Evans Hotel Co.Supreme Court of Georgia · 1939
- Pullen v. MeadorsSupreme Court of Georgia · 1943
- Abney v. HarrisSupreme Court of Georgia · 1951
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