175 Ga. 714 | Ga. | 1932
The rulings announced in the first and second headnotes do not require elaboration.
A controlling question raised by demurrer is as to the right
In Coker v. Atlanta, Knoxville & Northern Ry. Co., 123 Ga. 483, 488 (51 S. E. 481), an action to enjoin the closing of a street, it was said: "Unless, from the unauthorized use of the street, the plaintiffs will suffer injury not common to the general public, peculiarly affecting their -property rights and causing special damage to them, they can not maintain an action to either enjoin the nuisance or to recover damages for its maintenance.” For other instances of application of the principle in this State, see Kirtland v. Macon, 66 Ga. 385; Wood v. Macon & Brunswick Railroad Co., 68 Ga. 539; Ison v. Manley, 76 Ga. 804. See also Sammons v. Sturgis, 145 Ga. 663 (2) (89 S. E. 774); Stephens v. Dublin & Laurens Bank, 147 Ga. 63 (92 S. E. 871); Holt v. Fayetteville, 169 Ga. 126 (2) (149 S. E. 892). In Bayard v. Bancroft (Delaware), 62 Atl. 6, it was held: "A landowner abutting upon land dedicated to the uses of a- public park is entitled to invoke the intervention of
Judgment affirmed on the main hill of exceptions, and reversed on the cross-hills.