Purvis v. Busey

LAWSON, Justice.

This suit was filed in the circuit court of Monroe County, in equity, on May 29, 1952, by Fred Busey against Savage Purvis. The purpose of ‘ the bill was' to secure a decree enjoining the respondent from obstructing an alleged public road.

Where a road' is shown to be a public .road, a private individual is entitled to an injunction against encroachment or obstruction thereon when he has sustained special damages different, not merely in degree, but in kind from that suffered by the public at large. Sandlin v. Blanchard, 250 Ala. 170, 33 So.2d 472.

The averments of the bill were…