Yates v. Tiffiny

Action on the case to recover damages for obstructing a public highway. General demurrer filed and overruled. Exception reserved.

The declaration sets out that the defendant erected a fence and budding upon a certain public highway in Camden known as Cottage Street over which the plaintiffs had a right to travel.

*129An obstruction placed within the limits of a public way is a nuisance at common law and by statute. R. S., Chap. 23, Sec. 5. Smith v. Preston, 104 Me., 156; Corthell v. Holmes, 88 Me., 376. One who has sustained special damage from a common nuisance may recover therefor in an action on…