Lewiston Turnpike Co. v. Shasta & Weaverville Wagon Road Co.

Citations

• 41 Cal. 562
• 1871 Cal. LEXIS 136

Syllabus

<p>Allegation in Complaint.—In an action by the owner of a toll road against another for damages caused by obstructing the public highway leading to his road, the plaintiff must allege that his right to collect tolls has been disturbed, or it will be presumed that he has received no injury by reason of the obstruction.</p> <p>Obstruction of a Highway a Nuisance.—The obstruction of a public highway is a common nuisance.</p> <p>Idem—Action by Private Person.—A private person has no cause of action by reason of such obstruction, unless he has suffered some special damage. In order to maintain an action for such damage, it must be such as might legitimately flow from the nuisance.</p> <p>Complaint in Suit for Damages from Nuisance.—Special damages to private person, from nuisance in obstructing a public highway, must be particularly stated in the complaint. The means by which the damages were caused must be alleged in the complaint.</p>