Bell v. Mayor of Savannah
77 S.E. 165, 139 Ga. 298, 1913 Ga. LEXIS 408
Opinion
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.
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Bell v. Mayor of Savannah, 77 S.E. 165, 139 Ga. 298, 1913 Ga. LEXIS 408 (Ga. 1913).
77 S.E. 165 (Bell v. Mayor of Savannah) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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