Held. No. Judgment for Defendant.
* One cannot bring an action against another for damages if the harms are against the public as a whole. The tortfeasor would be subjected to many suits and would have to pay several times for damages. The municipality should be the party to bring suit against Defendant.
Concurrence. (Justice Fitzherbert) I agree with the holding. Plaintiff can bring suit for a public nuisance only if he has suffered greater hurt or inconvenience than the rest of the public.
Discussion. For a public nuisance, the correct party to bring the action is the municipality or the government unless a particular person has suffered greater harm than the public as a whole.