Hale v. Schraub

ARCHER, Chief Justice.

This is an appeal from a judgment, based on a jury verdict, granting the appellee an injunction ordering the removal of a fence erected in a public road.

The appeal is founded on six points assigned as error and are that the Court erred in overruling appellant’s exception to the petition because there was no allegation that the road had been legally established, and because appellee did not plead any special damages, and allowing appellee to introduce exhibits 1, 2, 3 and 4 without requiring appellee to lay the proper predicate, in instructing the jury that a first class…