Allen v. City of Atlanta

Quillian, Justice.

The issue presented in this case is whether the trial judge erred in denying the plaintiff’s prayers for an interlocutory injunction.

The action arose when Mrs. A. B. Allen and W. H. Giles brought their respective suits against the City of Atlanta seeking damages, attorney’s fees and equitable relief in the form of a temporary and a permanent injunction, alleging that the city was maintaining a continuing nuisance.

The allegations of the petition briefly were: that the city by its negligent construction and maintenance of its drainage system was discharging large amounts of…