Bell v. Mayor of Savannah
139 Ga. 298
Ga.
1913
Check Treatment
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.