Legal Opinion

Kea v. City of Dublin

Supreme Court of Georgia

Decided July 13, 1916PublishedCited by 27 opinions

Action for damages. Before Judge Kent. Laurens superior court. January 28, 1915. The plaintiff alleged, in brief, that in December, 1912, he bought a lot in Dublin at the corner of Moore and Calhoun streets, and thereon erected for himself and family a residence, making the value of the premises at least $2,000; that at this time the premises were well situated, healthy, and in every way desirable as a family residence, and so remained until January, 1914, when the City of…

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Action for damages. Before Judge Kent. Laurens superior court. January 28, 1915. The plaintiff alleged, in brief, that in December, 1912, he bought a lot in Dublin at the corner of Moore and Calhoun streets, and thereon erected for himself and family a residence, making the value of the premises at least $2,000; that at this time the premises were well situated, healthy, and in every way desirable as a family residence, and so remained until January, 1914, when the City of Dublin through its agents and employees commenced to dump refuse and waste from the city, of every kind and description,…

1Opinion of the CourtFish, C. J.

Although municipal authorities may have plenary power in the matter of collection, removal, and disposition of garbage, yet they can not lawfully create, in connection therewith, a nuisance dangerous to health or life; and where such a nuisance is created and its effect is specially injurious to an individual by reason of its proximity to his home, he has a cause of action for damages. Bell v. Mayor &c. of Savannah, 139 Ga. 298 (77 S. E. 165). Applying this ruling to the allegations of the petition, it set forth a cause of action, and the court erred in dismissing it upon general demurrer.

Judg…

2Cases cited1 opinion

  1. Bell v. Mayor of SavannahSupreme Court of Georgia · 1913

3Cited by27 opinions

  1. Mayor &C. of Savannah v. PalmerioSupreme Court of Georgia · 1978
  2. Duffield v. DeKalb CountySupreme Court of Georgia · 1978
  3. Delta Air Corporation v. KerseySupreme Court of Georgia · 1942
  4. City Council of Augusta v. ClevelandSupreme Court of Georgia · 1919
  5. Mayor of Savannah v. JonesSupreme Court of Georgia · 1919

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