Tate v. Mull
Supreme Court of Georgia
Equitable petition. Before Judge Wright. Eloyd superior court. January 12, 1917. Mrs. Leila Tate is the owner of a small cottage occupied by herself, her husband, and their, children. T. H. Mull owns an adjoining tract of land upon which he has constructed a cotton ginnery.
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Equitable petition. Before Judge Wright. Eloyd superior court. January 12, 1917. Mrs. Leila Tate is the owner of a small cottage occupied by herself, her husband, and their, children. T. H. Mull owns an adjoining tract of land upon which he has constructed a cotton ginnery. Mrs. Tate brought an action against Mull, alleging that the gasoline engine used in propelling the machinery of the gin created unusual noises, which were very trying to' her nerves and health; that the defendant erected a seed-house midway between the ginnery and her house, into which seed-house he forced the seed by air…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The Civil Code, § 4457, defines a nuisance as “anything that worketh hurt, inconvenience, or damage to another; and the fact that the act done may otherwise be lawful does not keep it from being á nuisance. The inconvenience complained of must not be fanciful, or such as would affect only one of fastidious taste, but it must be such as would affect an ordinary reasonable man.” The operation of a cotton-gin is not per se a nuisance, but it may become so under certain circumstances. A landowner has no right to conduct a lawful business on his own land in…
2Cases cited3 opinions
- Farley v. Gate City Gas Light Co.Supreme Court of Georgia · 1898
- Ponder v. GinnerySupreme Court of Georgia · 1905
- Faulkenbury v. WellsCourt of Appeals of Texas · 1902
3Cited by10 opinions
- Thrasher v. City of AtlantaSupreme Court of Georgia · 1934
- Standard Oil Co. v. KahnSupreme Court of Georgia · 1928
- Holman v. Athens Empire Laundry Co.Supreme Court of Georgia · 1919
- McIntosh v. BrimmerCalifornia Court of Appeal · 1924
- Blackman Health Resort v. City of AtlantaSupreme Court of Georgia · 1921
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