Nichols v. Pirkle

Jenkins, Chief Justice.

1. Private citizens may not generally interfere to have a public nuisance enjoined, but the petition must proceed for the public on information filed by the solicitor-general of the circuit. A public nuisance may be abated on the application of any citizen specially injured.” Code, § 72-202.(a) The allegations of the instant petition with reference to special injury sustained by the plaintiff to his health and to his property were sufficient to authorize an action in his, own name to abate the alleged public nuisance complained of; and while, as hereinafter shown, the…