Conklin v. County Commissioners
Supreme Court of Minnesota
The plaintiff, a freeholder and resident of the town of Bloomfield, in Fillmore county, filed his petition in this Court, setting out, among other things, substantially, that the commissioners of said county had granted the petition of certain parties praying that a certain road, which ran diagonally across certain sections in said town, be changed so that it would run upon the section lines; that the road thus to be changed was wholly within said town; that said road was of…
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The plaintiff, a freeholder and resident of the town of Bloomfield, in Fillmore county, filed his petition in this Court, setting out, among other things, substantially, that the commissioners of said county had granted the petition of certain parties praying that a certain road, which ran diagonally across certain sections in said town, be changed so that it would run upon the section lines; that the road thus to be changed was wholly within said town; that said road was of great convenience to the petitioner and other citizens of said town ; “ that the proposed change not only lengthens the…
1Opinion of the Court
Wilson, Ch. J.
By the Court. I think the plaintiff has not a right to prosecute this action. He does not show or pretend that he is damnified more, or otherwise, than any other resident of the town near or over whose land the road is laid, or who ordinarily travels on the road. The change complained of is'not on or near his land. The injury — if any — is to the community, not to him in his individnal capacity, and it is for them, not for him, to redress it; and the remedy pointed out must be pursued.
If one member of the community in- his individual capacity has a remedy for such an'injury, so…
2Cited by10 opinions
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Bennett v. WheatleySupreme Court of Georgia · 1922
- Bellows v. EricsonSupreme Court of Minnesota · 1951
- State Ex Rel. Minnesota National Bank v. District Court Fourth Judicial DistrictSupreme Court of Minnesota · 1935
- Hodgman v. Chicago & St. Paul Railway Co.Supreme Court of Minnesota · 1873
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