| Ga. | Jan 21, 1913
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" date_filed="1901-07-20" court="Ga." case_name="Mayor of Waycross v. Houk">39 S. E. 577), and citations.
2. It was erroneous to dismiss the petition on demurrer.
Judgment reversed.