141. Highways, waters and waterways.

Any unlawful act or omission, including a failure to repair1 by those liable to repair, which hinders or prevents the public from passing freely, safely and conveniently along a public highway or bridge is a public nuisance2.

In general, an owner of land adjoining a highway is not liable in nuisance for failure to repair the highway, because the duty of repair is not his and he cannot abate the nuisance3