Supreme Court of Georgia, 1913

Bell v. Mayor of Savannah

Supreme Court of Georgia · Decided January 21, 1913 · Atkinson

139 Ga. 298; 77 S.E. 165; 1913 Ga. LEXIS 408

Cases that cite this one

14 later published cases cite this decision.

Stanfield v. Glynn County (Ga. 2006)
McFarland v. DeKalb County (Ga. 1968)
Johnson v. City of Atlanta (Ga. Ct. App. 1968)
Ingram v. City of Acworth (Ga. Ct. App. 1954)
Delta Air Corporation v. Kersey (Ga. 1942)
Thrasher v. City of Atlanta (Ga. 1934)
City of Atlanta v. Due (Ga. Ct. App. 1931)
Townsend v. Georgia Power Co. (Ga. Ct. App. 1931)
Mayor of Savannah v. Waters (Ga. Ct. App. 1924)
City Council of Augusta v. Cleveland (Ga. 1919)
City Council v. Cleveland (Ga. Ct. App. 1919)
City of Dublin v. Kea (Ga. Ct. App. 1917)
Kea v. City of Dublin (Ga. 1916)
Mayor of Washington v. Harris (Ga. 1915)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.