Bell v. City of Savannah
| Decision Date | 21 January 1913 |
| Citation | 77 S.E. 165,139 Ga. 298 |
| Parties | BELL et al. v. MAYOR, ETC., OF CITY OF SAVANNAH. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Although municipal authorities may have plenary power in the matter of collection, removal, and disposition of garbage, yet they cannot 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, etc., of Waycross v Houk, 113 Ga. 964, 39 S.E. 577, and citations.
It was error to dismiss the petition on demurrer.
Error from Superior Court, Chatham County; W. G. Charlton, Judge.
Action by E. W. Bell and another against the Mayor and Aldermen of the City of Savannah. Judgment for defendant, and plaintiffs bring error. Reversed.
Hitch & Denmark, of Savannah, for plaintiffs in error.
H. E Wilson and D. C. Barrow, both of Savannah, for defendant in error.
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City Of Atlanta v. Due, s. 20643, 20644.
...Ga. 210, 18 S. E. 135, 23 L. R. A. 301, 44 Am. St. Rep. 17; Holmes v. City of Atlanta, 113 Ga. 961, 39 S. E. 458; Bell v. Mayor, etc., of Savannah, 139 Ga. 298, 77 S. E. 165. in which the claims were founded upon the alleged creation and maintenance of a nuisance dangerous to health or life......
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Thrasher v. City of Atlanta
... ... S. Pruitt, of ... Chicago, Ill., and Chadbourne, Stanchfield & Levy, of New ... York City, for defendants in error ... BELL, ... On ... October 17, 1931, Clovis Thrasher filed a suit for injunction ... and damages against the city of Atlanta and a ... thereof, has a cause of action against the party creating or ... maintaining the nuisance." Savannah, Florida & Western R. Co. v. Parish, 117 Ga. 893, 45 S.E. 280 ... In ... paragraph 25 of the petition the allegations are as ... ...
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City of Atlanta v. Due
... ... plaintiff in error ... W. W ... Gaines, of Atlanta, for defendant in error ... BELL, ... J. (after stating the foregoing facts) ... "The ... power granted by charter to a municipal corporation to raise ... or ... 135, 23 L.R.A ... 301, 44 Am.St.Rep. 17; Holmes v. City of Atlanta, ... 113 Ga. 961, 39 S.E. 458; Bell v. Mayor, etc., of ... Savannah, 139 Ga. 298, 77 S.E. 165, in which the claims ... were ... ...
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Delta Air Corp. v. Kersey
... 20 S.E.2d 245 193 Ga. 862 DELTA AIR CORPORATION et al. v. KERSEY et al. KERSEY v. CITY OF ATLANTA. Nos. 14023, 14024. Supreme Court of Georgia April 23, 1942 ... Mayor & Council of Waycross v ... Houk, 113 Ga. 963, 39 S.E. 577; Bell v. Mayor, etc., of ... Savannah, 139 Ga. 298, 77 S.E. 165; Kea v ... Dublin, 145 Ga. 511, 89 ... ...