McCowan v. Whitesides

The court below sustained a demurrer to the complaint, and rendered final judgment against the appellants.

The complaint was for an injunction against Whitesides, to enjoin him. from obstructing a highway.

The obstruction complained of was the building of a fence across the road. The complaint shows no impending damage special to the appellants.

The only averments in any way connecting the plaintiffs with the highway are, “that it is their usual, convenient, and necessary route of travel from their houses, which are all on, or in the vicinity of, the road, to Wabash, their market town and usual…