Brown v. Florida Chautauqua Ass'n

Citations

• 59 Fla. 447

Syllabus

<p>1. The unlawful obstruction of a public highway is a public nuisance that may be redressed by appropriate judicial proceedings at the instance of proper governmental authorities.</p> <p>2. In order to secure an efficient administration of the law for the benefit of the public and to avoid the evil of many suits to accomplish one purpose, public wrongs are redressed at the suit of proper officials, and individuals are not permitted to maintain separate judicial proceedings to redress a wrong that is public in its nature unless the individual suffers or is threatened with some special, particular or peculiar injury growing out of the public wrong.</p> <p>3. If a public nuisance causes special or peculiar injury to an individual different in hind and not merely in degree from the injury to the public at large, and the injury is substantial in its nature, the individual may have his civil remedy. If the remedy at law is inadequate equity will afford appropriate relief.</p> <p>4. If an unlawful obstruction in a public highway merely interferes with the right of passage that is common to all, and no individual rights are specially or peculiarly injured, relief should be had through.the proper public authorities.</p> <p>5. Any person whose property rights are specially injured by an unlawful obstruction in a public highway may have the aid of a court of equity in removing the obstruction when the remedy at law is inadequate.</p> <p>6. In proceedings brought by an individual to enjoin an obstruction to a public highway the complainant should distinctly allege facts showing the special and. peculiar injury complained of, with sufficient clearness to enable the court to determine whether the complainant is entitled to maintain the suit.</p> <p>7. Where there is equity stated a general demurrer should be overruled even though the allegations are not full and complete.</p> <p>8. A mere allegation of irreparable 'injury not sustained by the allegations of facts will not ordin