by John Marshall Harlan

“ Touching the second question, the court below remarked, it was very clear that a public navigable stream must remain free and unobstructed; that no private individual has a right to place permanent structures within the navigable channel; and that if the proposed run-way, when completed, proved to be a material obstruction to the free navigation of the river, or a special injury to the rights of others, it might be condemned and removed as a nuisance. ”

“ The court, in disposing of the demurrer, waived a final decision of the first question, expressing, however, some doubt whether the case was within the general rule that a suit in equity to enjoin or abate a public nuisance must be brought by one who has sustained, or is in danger of sustaining, individual special damages, apart from those suffered by the community at large. ”

“ First, whether the bill, upon its face, shows that the construction of the run-way will intrude upon the city's rights and cause special damage; second, we ther, upon its allegations and in advance of the construction of the work, a decree to prevent its completion should be rendered in favor of the city. ”