Rhymer v. Fretz

Citations

• 206 Pa. 230
• 55 A. 959
• 1903 Pa. LEXIS 685

Syllabus

<p>Nuisance — Public nuisance — Parties—Equity.</p> <p>A public nuisance cannot be suppressed or enjoined at the suit of a private individual unless he has sustained some damage or injury which Is clearly special to himself, and apart from that which the general public has sustained.</p> <p>A private citizen cannot maintain a bill in equity to enjoin the enlarging of a frame building immediately opposite his residence, where the bill itself discloses that the neighborhood is of a residential character, that the erection of the building would endanger the property in the vicinity from fire, and that the uses for which it was intended would deprive plaintiff and his neighbors from the full enjoyment and proper use of their property. In such a case the plaintiff to sustain his bill must allege an injury special to himself.</p>