Home/Supreme Court of Georgia/Kea v. City of Dublin

Kea v. City of Dublin

89 S.E. 484, 145 Ga. 511, 1916 Ga. LEXIS 380
CourtSupreme Court of Georgia
DecidedJuly 13, 1916
StatusPublished
Cited by27 cases

This text of 89 S.E. 484 (Kea v. City of Dublin) 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
Kea v. City of Dublin, 89 S.E. 484, 145 Ga. 511, 1916 Ga. LEXIS 380 (Ga. 1916).

Opinion

Fish, C. J.

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 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 &c. 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.

Judgment reversed.

All the Justices concur. George B. Davis and S. P. New, for plaintiff.

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Bluebook (online)
89 S.E. 484, 145 Ga. 511, 1916 Ga. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kea-v-city-of-dublin-ga-1916.