Tushbant v. Greenfield's Inc.

Plaintiffs have established to some extent the existence of a private nuisance which can be sufficiently abated by defendant to minimize the resulting harm to plaintiffs' business. Plaintiffs are entitled to some relief. Mackenzie v. Frank M. Pauli Co.,207 Mich. 456 (6 A.L.R. 1305).

I cannot agree with Mr. Justice REID that this is entirely a public nuisance, and that the only remedy for the abatement thereof rests with the public (police) authorities.

"Injunction lies at the suit of a private person to restrain such an appropriation of the site of a street by another person, as leaves no mode…