Sohn v. Cambern

The appellant’s contention is that a complaint by a citizen to recover for’ an injury accruing from the unlawful obstruction of a highway must show a special injury, or the action can not be maintained. We have no doubt that the position of counsel is well assumed. Waltman v. Rund, 94 Ind. 225; McCowan v. Whitesides, 31 Ind. 235; Angell Highways, section 285. But in this case the assertion of the rule stated does not determine the controversy, for a further question remains, and that is, whether the appellant can now successfully avail himself of the objection urged against the complaint.…