Bowen v. Wendt

Citations

• 103 Cal. 236
• 37 P. 149
• 1894 Cal. LEXIS 755

Syllabus

<p>Public Nuisance—Pollution of Waters of Greek—Special Injury to Plaintiff.—A plaintiff specially injured by acts of the defendant which constitute a public nuisance, consisting of the pollution of the waters of a stream by offal of a slaughter-house, may maintain an action to enjoin and abate the nuisance.</p> <p>Lapse of Time.—Prescriptive Bight__No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right, and a prescriptive right cannot be maintained against a public nuisance where the action is brought by a private party who has suffered special injury in consequence thereof.</p>