Supreme Court of Georgia June 12, 1918, No. 610 (City of Quitman v. Underwood)

Hill, J.

1. Generally equity will not enjoin the construction of a building not in itself a nuisance, but the person erecting the building will proceed at his peril, the whole subject being for .the jury on the trial. Mygatt v. Goetchius, 20 Ga. 350; Cunningham v. Rice, 28 Ga. 30, 32.