136 Ga. 141 | Ga. | 1911
Miss Mary Jane Harper brought her equitable petition against the City of Nashville and certain municipal officers, seeking to have the defendants enjoined from establishing and locating a cemetery upon a lot of land contiguous' to the lands of petitioner upon which shé resides. It is alleged in the petition, that the site of the proposed cemetery lies in very close proximity to the residence of petitioner; that if the injunction is not granted, the location of the cemetery and its use as a place for the burial of the dead will greatly endanger and damage petitioner, in that it will cause a depreciation in the market value of her property, and because the relative situation of plaintiff’s land to the land purchased by the city is such that the water will flow from the
There was evidence introduced upon the hearing which authorized a finding by the court that the location and establishment 6f a cemetery by the defendants upon the tract of land upon which they purpose to locate it would not cause any of the physical ills which the complainant apprehends and which constitute one of the grounds upon which she seeks an injunction. Evidence was submitted' by the plaintiff, tending to show that the drainage from the proposed cemetery would be towards and through her lands and that the water upon her premises would be contaminated if the lot purchased by the city .should be used as a place of interment for the dead. But this evidence was not uncontroverted. The evidence introduced by the defendants made a direct issue of fact. There was also introduced by the plaintiff evidence tending to establish the allegation that the market value of her property would be depreciated unless the defendants were enjoined as prayed.
4. Error was assigned upon certain other rulings of the court, but these exceptions were not urged or referred to in the brief of counsel for plaintiff in error, and therefore they are treated as abandoned. Judgment affirmed.