Moon v. Clark

Duckworth, Justice.

There is no evidence to support the allegations of combination and conspiracy. The remaining complaint is based upon the alleged public nuisance resulting in private injury to the plaintiff. “Generally, a public nuisance gives no right of action to any individual. If a public nuisance shall cause special damage to an individual, in which the public do not participate, such special damage shall give a right of action.” Code, § 72-103. A public nuisance is one which damages all persons who come within the sphere of its operation. It may vary in its effect upon individuals.…