Legal Opinion

Mechling v. Kittanning Bridge Co.

Supreme Court of Pennsylvania

Decided July 1, 1856PublishedCited by 5 opinions

In Equity. — The bill of Philip Mechling, and others, was presented to the Supreme Court at Pittsburgh, on the 5th of Nov., A. D., 1856, praying for a preliminary injunction to restrain the Kittanning Bridge Company from obstructing Water and Market streets, in the Borough of Kittanning, and also to restrain said company from obstructing an ancient public road or highway, leading from the mouth of Market street in said borough, down the bank of the Allegheny river, and…

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In Equity. — The bill of Philip Mechling, and others, was presented to the Supreme Court at Pittsburgh, on the 5th of Nov., A. D., 1856, praying for a preliminary injunction to restrain the Kittanning Bridge Company from obstructing Water and Market streets, in the Borough of Kittanning, and also to restrain said company from obstructing an ancient public road or highway, leading from the mouth of Market street in said borough, down the bank of the Allegheny river, and across the same, connecting at each side, what is known as the Indiana and Butler turnpike. In substance, the bill sets…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, J.

— Private citizens have no right of action^ either in law or equity, for the suppression of a public nuisance, unless on averring and proving some special damage to themselves, and in this case no such damage is thus shown, and this bill cannot be sustained. For a nuisance that is merely a public wroBg, only a *420public action can be brought, and that must be done by the proper public functionaries.

This principle decides this case, and it is not proper for us to go further, now, and express any opinion upon the rights of the defendants, or of…

2Cited by5 opinions

  1. Philadelphia & Erie Railroad v. Catawissa RailroadSupreme Court of Pennsylvania · 1866
  2. Alexander v. Wilkes-Barre Anthracite Coal Co.Supreme Court of Pennsylvania · 1916
  3. City of Allegheny v. ZimmermanSupreme Court of Pennsylvania · 1880
  4. Rhymer v. FretzSupreme Court of Pennsylvania · 1903
  5. City of Philadelphia v. CollinsSupreme Court of Pennsylvania · 1871

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