109 So. 339 | La. | 1926
The system of garbage removal and disposal prevailing in the city of Baton Rouge is not in keeping with its advancement in other civic lines. We will not go into details. *638
"The doctrine sometimes stated in elementary works, and which has been held by some courts, *639 that whatever is authorized by a Legislature cannot be a nuisance of any kind, is exploded."
For the presumption is that every such authority granted by a Legislature is accompanied with an implied qualification that it shall not be used in disregard of private rights or so as to interfere unreasonably with the peace and comfort of others. Baltimore Potomac R.R. Co. v. Fifth Baptist Church,
"The city government has the power of deciding in what manner a nuisance [garbage] shall be removed [and disposed of]."
That is plain common sense; and, with that as our starting point, we prefer to adopt the Indiana rule as laid down in Valparaiso v. Hagen, supra, to wit, that —
"Surely it is not the law that a salutary statute, essential to the health and welfare of the public, may be thus nullified by exhibiting a damage to private right. The sewage [garbage] must be dispatched [disposed of] or the city abandoned. * * * The principle of the greatest good to the greatest number must be permitted to operate, and private interest [must] yield to the public good."
See, also, Grey v. Paterson (N.J.) supra.
The judgment below was for defendants; and it seems to us correct.