American Law And Procedure volume 6

Cover American Law And Procedure volume 6
American Law And Procedure volume 6
Bernard Quaritch
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The nature of public nuisances as distinguished from private nuisances has already been suggested (§ 163, above). In the case of a public nuisance, the injury is primarily to the public at large, and consequently any redress in equity must, in so far as the nuisance is purely public in char- acter, be brought by a representative of the public, usually the attorney general. One of the leading cases on the sub- ject is that of the Attorney General v. Richards (36) in which an injunction was grant...ed, ordering the defendant to abate as public nuisances certain buildings which he had erected on the sea shore between high and low water mark, so that they interfered with free navigation. In a recent case in Massachusetts (37) an injunction was granted preventing the erection of a building fronting on Copley Square in the city of Boston, above limits which had been established by the statute of Massachusetts for such buildings. The defendant objected on the ground that the attorney general had no right to bring the action, (3R) 2 Anstr.

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