Conradt v. Miller
District Court, D. Alaska
This is a suit to abate a public nuisance caused by the erection by defendants of a wharf in front of plaintiff’s property in the incorporated town of Chena, and along the bank of the Tanana river.
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This is a suit to abate a public nuisance caused by the erection by defendants of a wharf in front of plaintiff’s property in the incorporated town of Chena, and along the bank of the Tanana river. The respective positions of plaintiff’s and defendants’ claims, and the locations of the various streets abutting thereon, is shown by the following plat: In the winter of 1902 the plaintiff, Conradt, located a lot on the public lands along the water front of the Tanana river, beginning at a point on the water line, and running up stream 50 feet, parallel to the river, and 260 feet back from the…
1Opinion of the Court
WICKERSHAM, District Judge.
The first question to be considered in this case is in regard to the right of plaintiff to maintain an action in equity to abate a public nuisance in front of his property, when he alleges, and his evidence shows, a special injury by the closing of his access to the highway, by barring his former access to the navigable river, and by in*436creasing the' danger of the destruction of his property by fire. Dillon lays down the rule that:
“As to the right to relief in equity, it may be considered as settled that a party entitled to a right of way over a street may be…
2Cases cited14 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Barney v. KeokukSupreme Court of the United States · 1877
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Ex Parte EastonSupreme Court of the United States · 1877
- Transportation Co. v. ParkersburgSupreme Court of the United States · 1883
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3Cited by2 opinions
- Town of Valdez v. Valdez Dock Co.District Court, D. Alaska · 1915
- United States v. LynchDistrict Court, D. Alaska · 1929