Simpson v. DuPont Powder Co.
Supreme Court of Georgia
Action for damages. Before Judge Wright. Walker superior court. February 17, 1914. Georgia May Simpson brought suit against Dupont Powder Company and Etna Powder Company, for damages from the maintenance of an alleged nuisance.. The substance of the petition is as follows: Plaintiff is the owner of and resides upon lot of land number 104 in the 9th district and 4th section of Walker county.
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Action for damages. Before Judge Wright. Walker superior court. February 17, 1914. Georgia May Simpson brought suit against Dupont Powder Company and Etna Powder Company, for damages from the maintenance of an alleged nuisance.. The substance of the petition is as follows: Plaintiff is the owner of and resides upon lot of land number 104 in the 9th district and 4th section of Walker county. The defendants are maintaining, upon certain land adjoining and about 1100 feet from petitioner’s land, five or more magazines in which are being stored “a large quantity of dynamite powder,…
1Opinion of the CourtHill, J.
“A nuisance is 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 a nuisance.” Civil Code (1910), § 4457. A private nuisance is one limited in its injurious effect to one or a few individuals, which may injure either the person or property or both; and in either case a right of *466action accrues. §§ 4454, 4456. From the section first above quoted it follows that not every hurt, inconvenience, or damage caused by one to another is a nuisance. The expression “may otherwise be lawful” shows that the act…
2Cases cited6 opinions
- Heeg v. . LichtNew York Court of Appeals · 1880
- Bacon v. WalkerSupreme Court of Georgia · 1886
- Rounsaville v. KohlheimSupreme Court of Georgia · 1882
- Windfall Manufacturing Co. v. PattersonIndiana Supreme Court · 1897
- Long v. City of ElbertonSupreme Court of Georgia · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Poultryland Inc. v. AndersonSupreme Court of Georgia · 1946
- Standard Oil Co. v. KahnSupreme Court of Georgia · 1928
- Stone Man, Inc. v. GreenSupreme Court of Georgia · 1993
- Wilson v. Evans Hotel Co.Supreme Court of Georgia · 1939
- Fielder v. RICE CONST. CO., INC.Court of Appeals of Georgia · 1999
24 more not listed; retrieve them via the Exa API.