Holman v. Athens Empire Laundry Co.
Supreme Court of Georgia
Equitable petition. Before Judge Cobb. Clarke superior court. June 22, 1918. W. S. Holman is the owner of a nine-story brick building located on the corner of Clayton and Lumpkin streets in the City of Athens, known as the -Holman building. The building was completed in January, 1914. The exterior construction of the building is of tapestry brick.
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Equitable petition. Before Judge Cobb. Clarke superior court. June 22, 1918. W. S. Holman is the owner of a nine-story brick building located on the corner of Clayton and Lumpkin streets in the City of Athens, known as the -Holman building. The building was completed in January, 1914. The exterior construction of the building is of tapestry brick. The ground floor of the building is occupied by a café and lunch room, ice-cream and candy factory, cigar factory, and a gas company. The other floors are designed for office purposes. Immediately across Lumpkin street from the Holman building and…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.)
1. As a general rule a public nuisance gives no right of action to any'individual, but must be abated by process instituted in the name of the State. Civil Code, § 4454. If a public nuisance causes special damage to a private citizen, he has a right of action therefor. Civil Code, § 4485; Trust Company of Georgia v. Ray, 125 Ga. 485, 487 (54 S. E. 145); Savannah, Florida & Western Railway Co. v. Gill, 118 Ga. 737 (45 S. E. 623); Richmond Cotton Oil Co. v. Castellaw, 134 Ga. 472 (67 S. E. 1126). The fact that the plaintiff waived his claim to damages alleged…
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- Gilbert v. ShowermanMichigan Supreme Court · 1871
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