Galloway v. Hodge

The opinion of the Court was delivered by

Mr. Justice Brease.

I cannot agree with the conclusion of Mr. Justice Carter, and think the Circuit Judge was correct.

The law, as I understand it, in cases of this character, requires the plaintiff to show some damage to himself differing in kind and degree from that suffered by the public generally. The only damage of that kind really attempted to be established was as to the blacksmith business of the plaintiff. On his direct examination, the plaintiff was asked by his counsel this: “Has your business (as a blacksmith) been injured since this road was…