Page:Federal Reporter, 1st Series, Volume 6.djvu/233

 8i. LOUIS V. IHE KNAPP, STOUT & CO. COMPANY. 221 �City of St. Louis v. The Knapp, Stout & Co. Company. �(Oireuit Court, E. D. Missouri., 1881.) �1. iHjnNCTioN — Nuisance— Navigable Rivbb. �A court of equity -vrill not enjoin the erection of a runaway for logs, upon the ground that it will divert ih". course of a navigable river, unleas it appears that the threatened structure will be a nuisance per se. �2. Nuisance— River. �A structure in the channel of a river will not necessarily be held subject to abatement as a nuisance. �Pennsylvania v. Wheding Bridge €o. 13 How. 518, �3. Injunction— Nuisance— Partt to Bill. �It seems to be well settled that a bill in equity to enjoin or abate a public nuisance must be filed by one who has sustained, or is in dan- ger of sustaining, special damages. — [Eo. �On Demurrer to Bill. �Leverett Bell, for plaintiff. �George M. Stewart and C. H. Krum, for defendant. �McCeabt, g. J. The bill avers that the eastern boundary of the city of St. Louis is and always has been the middle of the main channel of the Mississippi river, and that complain- ant is the proprietor of the bed of the river within the city limits, and that by its charter the complainant is authorized to construot ail needful improvements in the harbor, to cod- trol, guide, or deflect the current of the river, and to erect, repair, and regulate public wharves and docks; that by proper ordinance the lines of the virharf have been laid down and established upon a certain piece of real estate in the northem part of the city, particularly described in the bill. �It is further averred that defendant is ereeting a saw-mill on its property, and that, for the purposes of hauling logs from the river into its mill, the defendant is ereeting a run- way for logs, which will extend some hundred feet from the western edge of the water of the river, and is driving piles, as a foundation for the runway, into the bed of the river east of the eastern line of the wharf as established by the city under the ordinance af oresaid ; that north and south of the defend- ��� �