Kea v. City of Dublin

• Decision Date: 13 July 1916
• Docket Number: 539.
• Citation: 89 S.E. 484,145 Ga. 511
• Parties: KEA v. CITY OF DUBLIN.
• Court: Georgia Supreme Court

89 S.E. 484

145 Ga. 511

KEA v. CITY OF DUBLIN.

No. 539.

Supreme Court of Georgia

July 13, 1916

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 where such a nuisance is created, and its effect is specially injurious to an individual by reason of its proximity to his home, he has a cause of action for damages. Bell v. Mayor, etc., of Savannah, 139 Ga. 298, 77 S.E. 165. Applying this ruling to the allegations of the petition, it set forth a cause of action and the court erred in dismissing it upon general demurrer.

Error from Superior Court, Laurens County; J. L. Kent, Judge.

Action by A. M. Kea against the City of Dublin. Judgment for defendant, and plaintiff brings error. Reversed.

Geo. B Davis and S. P. New,...