Redway v. Moore

Citations

• 3 Idaho 312
• 29 P. 104
• 1892 Ida. LEXIS 15

Syllabus

<p>Public Nuisance — Injunction—Suit to Abate by Prívate Party— Pleadings.</p> <p>Private Party may have Public Nuisance Enjoined. — 1. Equity has jurisdiction to enjoin a public nuisance at the suit of private party, if such nuisance is specially injurious to such private party. Same — Allegations oe Complaint. — 2. The complaint should set.' forth, by positive averment, facts sufficient to show that the plaintiff has sustained special injury, different in kind from that sustained by the general public; then the nuisance becomes as to-him a private nuisance.</p> <p>Statute does not Change Rule. — 3. Section 4529 of the Revised Statutes does not change the rule above stated as to private parties maintaining am action to abate a public nuisance.</p> <p>(Syllabus by the court.)</p>