Dyer v. Alexander

The farm of plaintiff is situated on the north side of New River, and the property of defendants on the south ' bank. This river is not navigable. Plaintiff alleges that a public road runs along the south side of the river, and that defendants have without authority built a fence across this road. He is suing for the removal of this fence. Under such allegations, which must be taken as true under the exception of no cause of action filed by defendants, plaintiff had a right of action. R. S. 3880, 563; Mayor of New Orleans vs. Gravier, 11 M. (O. S.) 620;, Shepherd vs. Third Mun. of City of New…