Speed Oil of Atlanta Inc. v. City of Rome

Jenkins, Justice.

The City of Borne enacted an ordinance prohibiting gasoline-service sations from operating between the hours of 7 p. m. and 7 a. m., with a proviso that the chief of police in cases of emergency might issue a certificate authorizing such stations to sell the necessary amount, and the dispenser would be exempt from any penalty imposed by such ordinance. The plaintiff filed in the superior court a petition and amendment thereto, seeking to enjoin the enforcement of this ordinance, ,on the grounds, that the city was without power to enact the same; that the plaintiff would…