Home/Supreme Court of Georgia/Bell v. Mayor of Savannah

Bell v. Mayor of Savannah

77 S.E. 165, 139 Ga. 298, 1913 Ga. LEXIS 408
CourtSupreme Court of Georgia
DecidedJanuary 21, 1913
StatusPublished
Cited by14 cases

This text of 77 S.E. 165 (Bell v. Mayor of Savannah) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell v. Mayor of Savannah, 77 S.E. 165, 139 Ga. 298, 1913 Ga. LEXIS 408 (Ga. 1913).

Opinion

Atkinson, J.

1. Although municipal authorities may have plenary power in the matter of collection, removal, and disposition of garbage, yet they can not 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 &c. of Waycross v. Houk, 113 Ga. 964 (39 S. E. 577), and citations.

2. It was erroneous to dismiss the petition on demurrer.

Judgment reversed.

All the Justices concur. Hitch & Denmark, for plaintiffs. H. H. Wilson and David 0. Barrow, for defendant.

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Bluebook (online)
77 S.E. 165, 139 Ga. 298, 1913 Ga. LEXIS 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-mayor-of-savannah-ga-1913.