Kea v. City of Dublin

Supreme Court of Georgia
Kea v. City of Dublin, 145 Ga. 511 (Ga. 1916)
89 S.E. 484; 1916 Ga. LEXIS 380
Fish

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.

Reference

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Published