Pittsburg, Fort Wayne & Chicago Railway Co. v. Cheevers

Citations

• 149 Ill. 430
• 24 L.R.A. 156
• 37 N.E. 49
• 1894 Ill. LEXIS 1542

Syllabus

<p>1. jtuiSANCE—abatement, in equity. A bill in equity will not lie afr the suit of a railway company to enjoin the use of the sidewalk and street adjoining its passenger station by hotel and other runners, where-such use does not interfere, hinder or interrupt its business, although such use may be so conducted as to be a nuisance to the traveling-public.</p> <p>2. In order to lay the basis for equitable relief in such case, it is-necessary to show that the complainant is injured in his property rights-by the obstruction or interference with his easement and right to an uninterrupted use of the public street in front of his premises. The detriment and annoyance he suffers in common with the public, and which is only indirect, must be left to the public authorities to regulate and control, and can not be remedied by a court of equity on the application of one as a member of the public.</p> <p>3. Equitable belief—when granted against public nuisance. Such obstruction of a public street as will entitle an owner of land abutting thereon to the aid of a court of equity to abate, must be shown to-be such as works an injury to him, not merely greater in degree than is sustained by others of the general public, but such as is special and peculiar in its effects on him in relation to the use and enjoyment of his property.</p>