Butler v. Mayor of Thomasville
Supreme Court of Georgia
Municipal Corporations. Sewers. Nuisance. Damages. Injunction. Eminent Domain. Constitutional Law. Tliomasville. Before Judge Hansell. Thomas County. At Chambers. February 5, 1885. Butler filed his bill to enjoin the municipal authorities of Tliomasville from laying a sewer, from which it was proposed to discharge and empty into a branch on his land the sewage of two large hotels and other buildings.
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Municipal Corporations. Sewers. Nuisance. Damages. Injunction. Eminent Domain. Constitutional Law. Tliomasville. Before Judge Hansell. Thomas County. At Chambers. February 5, 1885. Butler filed his bill to enjoin the municipal authorities of Tliomasville from laying a sewer, from which it was proposed to discharge and empty into a branch on his land the sewage of two large hotels and other buildings. He alleged that, upon hearing that the city proposed to lay such sewer and to make it the principal or main sewer for the city, he at once went'before the mayor and council in meeting assembled,…
1Opinion of the Court
Blandford. Justice.
1. We think the allegations in the bill and the admissions in the answer make a case of nuisance. The discharge of filthy sewage upon the land of another, which may probably cause injury to the health and sickness in the family of such person, and where the nuisance is continuing and likely to be 'permanent, and where the consequences are not barely possible, but to a reasonable degree certain, a court of equity may interpose to arrest such nuisance before completed. Code, §3002'. Again, we have held that if a nuisance causes special damage to an individual, in which the…
2Cases cited3 opinions
- Young v. HarrisonSupreme Court of Georgia · 1849
- Powell v. FosterSupreme Court of Georgia · 1877
- Norwood v. DickeySupreme Court of Georgia · 1855
3Cited by17 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Hill v. McBurney Oil & Fertilizer Co.Supreme Court of Georgia · 1901
- Towaliga Falls Power Co. v. SimsCourt of Appeals of Georgia · 1909
- Bass Canning Co. v. MacDougald Construction Co.Supreme Court of Georgia · 1932
- Mayor of Dalton v. WilsonSupreme Court of Georgia · 1903
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