Waller v. Syck

OPINION of the Court by

Judge Carroll

Reversing.

The appellees as plaintiffs below brought this suit in equity against the appellant, defendants below, asking for a mandatory injunction requiring the appellants to remove from a public road fences they bad placed across it, and to open the road for public travel. They set up in detail the special damages they sustained by reason of the obstruction of the road. For defense, the appellants pleaded that a new road had been opened to take the place of the old road, and that when this new road was opened for public use they enclosed by fences the old…