Carpenter v. Mann
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rock County. This action was for maintaining obstructions upon an alleged highway, and tbe complaint, without averring special damages to tbe defendant, demanded, damages and an injunction. The answer denied .that tbe land on which tbe alleged obstructions were placed was a highway.
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APPEAL from tbe Circuit Court for Rock County. This action was for maintaining obstructions upon an alleged highway, and tbe complaint, without averring special damages to tbe defendant, demanded, damages and an injunction. The answer denied .that tbe land on which tbe alleged obstructions were placed was a highway. The referee to whom tbe cause was referred for trial, reported that said land wag, a highway; tbat tbe defendant bad obstructed it as alleged in tbe complaint, and tbat the plaintiffs were entitled to nominal damages and an injunction. Tbe defendants excepted to tbe report on tbe…
1Opinion of the Court
By the Court,
DIXON, C. J.
It seems so clear to us that the judgment below must be reversed for the reason stated in the first point of the defendant’s brief, that we deem it unadvisa-ble to express an opinion upon any of the others. It was neither averred nor proved that the plaintiff had sustained or was likely to sustain any private or special injury in consequence of the alleged obstruction of the highway. The injury complained of was common to the public at large; and if this action can be maintained, then every inhabitant can have his suit. Such is not the law, and the judgment must…
2Cited by6 opinions
- Greene v. NunnemacherWisconsin Supreme Court · 1874
- Dawson v. St. Paul Fire & Marine Ins.Supreme Court of Minnesota · 1870
- Beckett v. CueninSupreme Court of Colorado · 1890
- Enos v. HamiltonWisconsin Supreme Court · 1870
- Evans v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1893
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