Bell v. Mayor of Savannah
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. November 16, 1911. E. W. Bell and Eldred Simkins instituted an action against the Mayor and Aldermen of the City of, Savannah to enjoin an alleged nuisance. On demurrer to the petition 'the case was dismissed, and the plaintiffs excepted.
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Equitable petition. Before Judge Charlton. Chatham superior court. November 16, 1911. E. W. Bell and Eldred Simkins instituted an action against the Mayor and Aldermen of the City of, Savannah to enjoin an alleged nuisance. On demurrer to the petition 'the case was dismissed, and the plaintiffs excepted. The petition alleged the following in substance: The plaintiffs owned two designated lots. in Savannah, a city of sixty-five thousand inhabitants, on which were located sixty-two one-story, framed, double-tenement houses and one storehouse. They are located in a thickly settled community, and…
1Opinion of the CourtAtkinson, J.
1. 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 when necessary and proper, a court of equity will, at the instance of a citizen suffering special injury therefrom, enjoin against the maintenance of the same. Mayor &c. of Waycross v. Houk, 113 Ga. 964 (39 S. E. 577), and citations.
2. It was erroneous to dismiss the petition on demurrer.
Judgment reversed.
All the Justices concur. Hitch & Denmark, for plaintiffs. H. H.…
2Cases cited1 opinion
- Mayor of Waycross v. HoukSupreme Court of Georgia · 1901
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