District Attorney v. Lynn & Boston Railroad
District Attorney v. Lynn & Boston Railroad
Opinion of the Court
The authority of the attorney general, or other law officer empowered to represent the government, to file an information in equity to restrain and prevent a public nuisance seems to be well established in England. It may be done by him, either ex officio, or upon the relation of persons who have an interest in the subject matter of the bill and whose private rights may be protected by the decree which is sought mainly on the ground of a public injury. 1 Dan. Ch. Pract. 11. 3 Dan. Ch. Pract. 1858. 3 Story Eq. Jur. §§ 921, 926. Kerrison v. Sparrow, Coop. 305. Attorney General v. Johnson, 3 Wils. Ch. 87. Attorney General v. Forbes, 3 Myl. & Cr. 129, 133. Although in some of the earlier cases this jurisdiction was sparingly exercised, yet in recent practice it seems to have been more frequently resorted to as affording a convenient and speedy remedy. Nor are we able to see that any serious objection exists to this method of reaching and restraining a public nuisance. By it a nuisance which is threatened or in progress can be arrested, which cannot be done by proceedings at law; an injunction is more complete in its operation, because it prevents future acts as well as restrains present nuisances; and it affords a more prompt and immediate relief than could be obtained by other process. It is therefore a salutary power if exercised with discretion and confined within reasonable limits. Those limits arel well defined. A court of equity will not interfere by injunction to restrain a public nuisance unless the existence of the nuisance is clearly established upon full and satisfactory evidence. If the proof is conflicting and the injury to the public uncertain or doubtful, the court will withhold its interposition. Ripon v. Hobart, Coop. temp. Brougham, 333, and 3 Myl. & K. 169. Attorney General v. Sheffield Gas Consumers Co. 3 DeGex, Macn. & Gord. 639. 3 Story Eq. Jur. § 924 a.
'We have carefully considered the case made by the relators in support of the prayer for relief contained in the bill, and are clearly of opinion that there is no substantial ground for asking for the interposition of this court. It is not alleged that the defendants intend or threaten to construct their road in, upon
Reference
- Full Case Name
- District Attorney for the Eastern District v. Lynn and Boston Railroad Company
- Status
- Published