Supreme Court of Georgia, 1916

Kea v. City of Dublin

Kea v. City of Dublin
Supreme Court of Georgia · Decided July 13, 1916 · Fish
145 Ga. 511; 89 S.E. 484; 1916 Ga. LEXIS 380

Kea v. City of Dublin

Opinion of the Court

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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