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BENNETT v. BAGWELL & STEWART, INC.

20936.

216 Ga. 290 (1960)

116 S.E.2d 288

BENNETT et al. v. BAGWELL & STEWART, INC., et al.

Supreme Court of Georgia.

Decided September 8, 1960.

Rehearing Denied September 21, 1960.

Attorney(s) appearing for the Case

Wheeler, Robinson, Norton & Thompson, for plaintiffs in error.

Henry B. Troutman, William H. Schroder, T. M. Smith, Jr., Leon Boling, contra.

QUILLIAN, Justice.

1. The only general ground of the motion for new trial insisted on here is that the verdict was without evidence to support it. The discussion of the special grounds of the amended motion demonstrates that the controlling issue of the case was whether the defendant in violation of the injunction's restraint operated the plant in such a manner as to create foul and offensive odors that could be smelled in...

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