Legal Opinion

Bowen v. Smith-Hall Grocery Co.

Supreme Court of Georgia

Decided May 22, 1914PublishedCited by 16 opinions

Action for damages. Before Judge Fite. Whitfield superior court. April 8, 1913. Grady Bowen filed bis petition for damages against tbe Smith-Hall Grocery Company. The petition as amended alleged, in substance, as follows: The Smith-Hall Grocery Company is a partnership doing business in the city of Dalton.

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Action for damages. Before Judge Fite. Whitfield superior court. April 8, 1913. Grady Bowen filed bis petition for damages against tbe Smith-Hall Grocery Company. The petition as amended alleged, in substance, as follows: The Smith-Hall Grocery Company is a partnership doing business in the city of Dalton. Its storehouse and place of business fronted on Hamilton street, the principal business street of the city, upon which at all times of the day there was a large amount of travel by pedestrians and all kinds of vehicles. At the time of the injury complained of there was in force in the city…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

1. Whether or not the ordinance requiring the proprietor of each business house to keep a covered garbage can outside of his place of business, and to cause to be placed therein all refuse, garbage, and trash, to be removed by the proper city officers, was purely a sanitary ordinance, or whether the requirement that it should be covered also included the idea of preventing the contents from being blown about the street, is not a controlling question in the case. The ordinance on its face appears to have been enacted as a sanitary measure. So considered, its…

2Cases cited10 opinions

  1. Mayor of Macon v. DykesSupreme Court of Georgia · 1898
  2. Benedict Pineapple Co. v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
  3. Central of Georgia Railway Co. v. HallSupreme Court of Georgia · 1905
  4. City of Rome v. SudduthSupreme Court of Georgia · 1904
  5. Ft. Wayne Cooperage Co. v. PageIndiana Supreme Court · 1908

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Bowen v. Smith-Hall Grocery Co.Supreme Court of Georgia · 1916
  2. Maner v. DykesCourt of Appeals of Georgia · 1937
  3. Cain v. Georgia Power Co.Court of Appeals of Georgia · 1936
  4. Tyson v. ShoemakerSupreme Court of Georgia · 1951
  5. Mayor of Unadilla v. FelderSupreme Court of Georgia · 1916

11 more not listed; retrieve them via the Exa API.

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