150 Ga. 340 | Ga. | 1920
(After stating the foregoing facts.)
The portion of the charge first quoted was excepted to upon the ground, among others, that it lays down an incorrect rule as to the plaintiff’s rights in case the jury should find that the injuries complained of resulted from the operation of the gin; and the instructions given after the amendment referred to was made 'are excepted to on the ground that they were vague and misleading and too general to cure the errors set out in the extract from the charge first quoted. The charge of the court stated above is open to the criticism that it is somewhat vague and confusing; but we do not pause to point out just wherein it is vague or indefinite, and confine ourselves to ruling upon the proposition, laid down by the court, that" the plaintiff would not be entitled to an injunction if the gin was operated with ordinary care and diligence. This rule is radically wrong. The jury must have understood that if a ginnery erected within thirty feet of the plaintiff’s residence did, as complained, throw dirt, lint, and trash upon the premises of the plaintiff in such a way as to causé the lint and dirt and other impurities to go through the cracks, windows, or other apertures of the residence, so as to materially interfere with the comfort and convenience or health of the inmates and to the material decrease of the rental value of the premises, nevertheless if the defendants, the owners and operators of the ginnery, had observed reasonable care and diligence in the construction and operation of the gin, the
We cite and quote from the Holman case in order that sight may not be lost of the distinction that was made with reference to the “locality and character of the community” when the question of injury caused by pollution of the air or similar injuries is in question.