184 Ga. 485 | Ga. | 1937
Lead Opinion
W. C. Eaton and others brought a petition against Kermit Hunnicutt, alleging that the defendant is and
2. “All injury to health is special and'necessarily limited in its effect to the individual affected, and is in its nature irreparable. It matters not that others within the sphere of the operation of the nuisance, whether public or private, may be affected likewise.” DeVaughn v. Minor, 77 Ga. 809 (2) (1 S. E. 433); Savannah, Florida & Western Ry. Co. v. Parish, 117 Ga. 893 (45 S. E. 280). Under the above rulings the petition in the present case set forth a cause of action for enjoining the nuisance alleged, and the court did not err in overruling the general demurrer to the petition.
3. The assignments of error on the overruling of the special demurrers to the petition are without merit.
4. Under the pleadings and the evidence the court did not err in granting an interlocutory injunction.
Judgment affirmed.
Dissenting Opinion
I dissent on authority of Georgia R. Co. v. Maddox, 116 Ga. 64 (6) (42 S. E. 315); and Pig’n Whistle Sandwich Shops Inc. v. Keith, 167 Ga. 735 (146 S. E. 455). It appears without dispute that the business conducted by the defendant- was not a nuisance per se, and that some of the acts connected with its operation were legitimate. Such being the case, the judge, under the authorities just cited, should not have enjoined the operation of the business in its entirety, but should have specified the acts which he found objectionable, and issued his order accordingly.