Coast Line Railroad v. Cohen
Supreme Court of Georgia
Injunction. Nuisance. Municipal corporation. Before Judge Hansell. Chatham county. At Chambers. November 5 th, 1873. Octavus Cohen, W. IT.
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Injunction. Nuisance. Municipal corporation. Before Judge Hansell. Chatham county. At Chambers. November 5 th, 1873. Octavus Cohen, W. IT. Tison, Henry Brigham, Joseph S. Claghorn, William Remshart, James W. Lathrop, George W. Wylly, John D. Hopkins and W. W. Remshart, filed their bill against the Coast Line Railroad Company, containing, substantially, the following allegations: That they are citizens and residents of the city of Savannah, and owners of real estate and other property within the limits of said city, and that, as citizens of said city and State, they are entitled to the free…
1Opinion of the Court
McCay, Judge.
1. The decisions of the Courts, both in England and America, are quite uniform, that in the case of a purely public nuisance, where no private person receives damage special to himself, the Courts will not interfere, either to enjoin or abate, at the suit of a private individual. The proceeding in all such cases must be in the name of the public. In England, and in most of the States, ®ere is an information by the Attorney General, and the reason of the rule is plain. If the injury is purely a public one, it is one for the public to complain of. No private person has, or ought,…
2Cited by13 opinions
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- Burrus v. City of ColumbusSupreme Court of Georgia · 1898
- Coker v. Atlanta, Knoxville & Northern Railway Co.Supreme Court of Georgia · 1905
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