Aram v. Schallenberger
California Supreme Court
Appeal from the District Court of the Third Judicial District, Santa Clara County. The plaintiffs alleged that the defendants were about to obstruct a public road by building a fence across the same, and asked for a preliminary injunction, and that, on the trial, the injunction be made perpetual. The defendants demurred to the complaint, and the Court overruled the demurrer.
Read the full summary
Appeal from the District Court of the Third Judicial District, Santa Clara County. The plaintiffs alleged that the defendants were about to obstruct a public road by building a fence across the same, and asked for a preliminary injunction, and that, on the trial, the injunction be made perpetual. The defendants demurred to the complaint, and the Court overruled the demurrer. A preliminary injunction was granted, and, the defendants having answered, on the trial a perpetual injunction was decreed. The defendants appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Temple, J.:
I think the demurrer to the complaint ought to have been sustained, on the ground that it shows no special damage to the plaintiffs. The road is alleged to be a public highway, and the action is to prevent an obstruction. Ho doubt a private individual may sue to prevent or abate a public nuisance; but he must always show some special damage to him in addition to that received by the public. The rule is plain, and has always, so far as I know, been adhered to; the questions most usually raised are as to the character of injury which will.be considered a special injury…
2Cases cited2 opinions
- O'Brien v. Norwich & Worcester Rail-RoadSupreme Court of Connecticut · 1845
- Seeley v. BishopSupreme Court of Connecticut · 1848
3Cited by12 opinions
- Cushing - Wetmore Co. v. GrayCalifornia Supreme Court · 1907
- Jacksonville, Tampa & Key West Railway Co. v. ThompsonSupreme Court of Florida · 1894
- Hargro v. HodgdonCalifornia Supreme Court · 1891
- Brown v. ReaCalifornia Supreme Court · 1907
- Smart v. Aroostook Lumber Co.Supreme Judicial Court of Maine · 1907
7 more not listed; retrieve them via the Exa API.