Carlin v. Paul

This was an action on the case for a disturbance of a right of way in an alley in the city of St. Louis. The declaration contained two counts; the one alleging a private right of way in the plaintiff, and the other avering that the alley was a public highway. The case went to trial upon the general issue, and it was agreed that, in case of a recovery, the plaintiff should have only nominal damages — such damages to be considered bQth special and general.

It appeared that Madame Therese Cerre Chouteau formerly owned the entire block, through which the supposed alley extended, and that shortly…