No. 6126 | Ga. | May 16, 1928

• Hnx, J.

1. A filling-station is not per se a nuisance. 2. The allegations of the petition do not show that the filling-station which the plaintiff seeks to enjoin the defendants from erecting will be so erected or operated as to make the same a nuisance.

3. The court below did not err in sustaining the demurrer to the petition as amended. Standard Oil Co. v. Kahn, 165 Ga. 575 (141 S.E. 643" date_filed="1928-01-11" court="Ga." case_name="Standard Oil Co. v. Kahn">141 S. E. 643), and cit. Judgment affirmed.

All the Justices concw. W. N. Oliver, for plaintiff. Slaion & Hopkins, for defendant.
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