Carpenter v. Mann

Decided June 15, 1863

Wisconsin Supreme Court · decided 1863-06-15

This action was for maintaining obstructions upon an alleged highway, and tbe complaint, without averring special damages to tbe defendant, demanded, damages and an injunction. The answer denied .that tbe land on which tbe alleged obstructions were placed was a highway.

Cited by 3 later decisions — most recently December 1893

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-06-15

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¶1By the Court,

DIXON, C. J.

¶2It seems so clear to us that the judgment below must be reversed for the reason stated in the first point of the defendant’s brief, that we deem it unadvisa-ble to express an opinion upon any of the others. It was neither averred nor proved that the plaintiff had sustained or was likely to sustain any private or special injury in consequence of the alleged obstruction of the highway. The injury complained of was common to the public at large; and if this action can be maintained, then every inhabitant can have his suit. Such is not the law, and the judgment must therefore be reversed and the cause remanded with directions that it be dismissed.

¶3Ordered accordingly,