Legal Opinion

Respublica v. Caldwell

Supreme Court of the United States

Decided January 1, 1785PublishedCited by 6 opinions

This was an indictment for a nuisance, in erecting a wharf on the public property. • The defendant offered witnesses to prove that the erection of the wharf had been beneficial to the public, and therefore, not to be regarded as a nuisance. But—

1Opinion of the CourtMcKean, Chief Justice

Secondly, Because it would be no justification ; for, on the same principle that the defendant might carry his wharf twelve feet, he could justify extending it farther ; or any other man might excuse a similar intrusion. Suppose, for instance, a street were 60 feet wide, 12 feet might be taken off it, without doing any material injury to the public property, or creating any great obstruction to passengers; yet surely this will not justify any man’s actually buildim» upon, and assuming the property of the twelve feet that could be tl’w spared.

2Cited by6 opinions

  1. People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
  2. People v. Detroit White Lead Works Corp.Michigan Supreme Court · 1890
  3. Ballentine v. WebbMichigan Supreme Court · 1890
  4. State v. KasterSupreme Court of Iowa · 1872
  5. Tibbal v. CahoonSupreme Court of Pennsylvania · 1840

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