Gordon County Broadcasting Co. v. Chitwood
| Decision Date | 14 March 1955 |
| Docket Number | No. 18911,18911 |
| Citation | 87 S.E.2d 78,211 Ga. 544 |
| Parties | GORDON COUNTY BROADCASTING COMPANY v. Trammell CHITWOOD. |
| Court | Georgia Supreme Court |
Harbin M. King, Ronald F. Chance, Calhoun, for plaintiff in error.
James B. Langford, Henry L. Barnett, Calhoun, for defendant in error.
Syllabus Opinion by the Court.
1. Where, as here, the owner of a two-story building, who operates on the ground floor thereof a retail store, seeks by his petition to enjoin his tenant, a corporation, to which he leased without limitation or restriction the second story for the conduct of a radio-broadcasting business therein, from permitting its invitees and customers from congregating and meeting in its studio and rooms on Mondays, Tuesdays, and Wednesdays, and therein to dance and cavort in a loud, violent, and extremely noisome manner, whereby they stomp, kick, and beat upon the floor of said second story to the annoyance, irritation, injury and damage of the plaintiff, his customers, employees and business, but which petition fails to charge or allege that such noises and activities are unusual, unnecessary, or unreasonable in the proper conduct of the defendant's radio-broadcasting business, which is a lawful business, or that they do not result from the ordinary and necessary, and therefore proper, use and occupation of the premises for the purposes for which they were leased by the plaintiff to the defendant--such petition fails to state a cause of action for the abatement by injunction of an alleged nuisance. 32 American Jurisprudence 185, 188, §§ 195, 200; Asa G. Candler, Inc., v. Georgia Theater Co., 148 Ga. 188, 96 S.E. 226, L.R.A.1918F, 389; Smith v. State Mutual Life Ins. Co., 40 Ga.App. 747, 749, 151 S.E. 554; Georgia Railroad & Banking Co. v. Maddox, 116 Ga. 64(4), 42 S.E. 315; Thrasher v. City of Atlanta, 178 Ga. 514, 173 S.E. 817, 99 A.L.R. 158; Wilson v. Evans Hotel Co., 188 Ga. 498(2), 4 S.E.2d 155, 124 A.L.R. 373; Asphalt Products Co. v. Beard, 189 Ga. 610, 612, 7 S.E.2d 172.
2. The fourth special ground of the renewed demurrer was properly overruled by the trial court. By a continuing nuisance is not meant a constant and unceasing nuisance, but a nuisance which occurs so often that it can fairly be said to be continuing, although not constant or unceasing. Central of Georgia Ry. Co. v. Americus Construction Co., 133 Ga. 392, 398, 65 S.E. 855; Rinzler v. Folsom, 209 Ga. 549, 552, 74 S.E.2d 661. Other special grounds of demurrer...
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