PUBLIC NUISANCE. Roth of these ancient writ ers distinguish, as does modern law. between public and private nuisances. The former are offenses against the public at large, such as ob structing highways, polluting or diverting public waters. Carrying on a business whieli is da n gerous to the public health or offensive to the public, or maintaining disorderly houses, or in derma or disgusting exhibitions in a public place. Modern statutes have greatly extended the scope of public nuisances, but this legislation professes to observe the Co111111011-1aW test. viz. the tend envy of the prohibited act, thing. or conduct to debase public morals. to endanger the health of persons generally, or to interfere unlawfully with their convenience. A public nuisance is a crim inal offense and punishable as such by the State. If a legal proceeding is instituted for its abate ment. this, too, must be brought and prosecuted
by the public authorities. Au indiVidllai will not be allowed to bring an action in his own name, either for damages or for abatement of a public nuisance, unless he can show three things: first a particular injury to himself beyond that which is suffered by the rest of the public; sec ond, that such injury is direct and not conse quential: third, that it is substantial. not fleeting or evanescent. To illustrate: An lawful obstruction in a highway constitutes a public nuisance, whether it does actual harm or not ; but it will not support a private action by one owning property on the highway unless the latter can show that it has caused him special, direct. and substantial damage. such as diverting customers from his store, or preventing his pass ing to and from his premises.