Supreme Court of Georgia, 1928

Thompson v. Texas Co.

Supreme Court of Georgia · Decided May 16, 1928 · Hnx

166 Ga. 315; 143 S.E. 376; 1928 Ga. LEXIS 298

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

• Hnx, J.

1. A filling-station is not per se a nuisance. 2. The allegations of the petition do not show that the filling-station which the plaintiff seeks to enjoin the defendants from erecting will be so erected or operated as to make the same a nuisance.

3. The court below did not err in sustaining the demurrer to the petition as amended. Standard Oil Co. v. Kahn, 165 Ga. 575 (141 S. E. 643), and cit. Judgment affirmed.

All the Justices concw. W. N. Oliver, for plaintiff. Slaion & Hopkins, for defendant.

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