Central of Georgia Railway Co. v. Americus Construction Co.
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Sumter superior •court. August 4, 1908. The Americus Construction Company brought an action against the Central of Georgia Railway Company, the substance of the petition, as here material, being briefly as follows: The plaintiff’s planing-mill and lumber-yard used in connection therewith, situated in the city of Americus, adjoins the right of way of the defendant.
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Equitable petition. Before Judge Littlejohn. Sumter superior •court. August 4, 1908. The Americus Construction Company brought an action against the Central of Georgia Railway Company, the substance of the petition, as here material, being briefly as follows: The plaintiff’s planing-mill and lumber-yard used in connection therewith, situated in the city of Americus, adjoins the right of way of the defendant. Within a few feet of plaintiff’s lumber yard defendant maintains a culvert under its track, through which Town Creek flows. This culvert was constructed by the Southwestern Bailroad…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
1. The demurrer to the injunction feature of the petition was general and, therefore, could be urged after the appearance term. The question then is, should it have been sustained? Our Civil Code provides: “An injunction can only restrain; it can not compel a party to perform an act. It may restrain until performance.” §4922. Section 3863 declares: “Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages, and such consequences are not merely possible, but to a reasonable degree certain, a court of equity may interfere to…
2Cases cited7 opinions
- Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
- City of Atlanta v. WarnockSupreme Court of Georgia · 1892
- Mayor of Waycross v. HoukSupreme Court of Georgia · 1901
- Farley v. Gate City Gas Light Co.Supreme Court of Georgia · 1898
- Central Railroad v. EnglishSupreme Court of Georgia · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Georgia Power Co. v. KinardCourt of Appeals of Georgia · 1933
- Holman v. Athens Empire Laundry Co.Supreme Court of Georgia · 1919
- Hoffman v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1992
- J. D. Jewell, Inc. v. HancockSupreme Court of Georgia · 1970
- Rinzler v. FolsomSupreme Court of Georgia · 1953
27 more not listed; retrieve them via the Exa API.