Public right. A right enjoyed by the public as distinguished from private or personal rights attached to the personalty of an individual. Public rights exist at Common Law, such as the right of the public to pass along a highway, or they may be conferred by statute in either case if the statute does not provide a remedy; the remedy for infringement is by indictment or information filed by the Attorney-General either directly or upon the relation of an individual (relator) who becomes liable for the costs, but if the individual has suffered special damage or some private right has been interfered with specially, the Attorney-General is not an essential party to the action though he is often joined as a party. See Boyer v. Paddington Borough Council, (1903) 1 Ch 109; and David v. Britannic Merthyr Coal Co., (1909) 2 KB 146. See NEGLIGENCE; NUISANCE.
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