Conklin v. Fillmore County
| Decision Date | 01 January 1868 |
| Citation | 13 Minn. 423 |
| Parties | MYRON CONKLIN v. COUNTY COM'RS OF FILLMORE COUNTY. |
| Court | Minnesota Supreme Court |
C. G. Ripley, for petitioner.
J. Q. & J. D. Farmer, for respondent.
I think the plaintiff has not a right to prosecute this action. He does not show or pretend that he is damnified more or otherwise than any other resident of the town near or over whose land the road is laid, or who ordinarily travels on the road. The change complained of is not on or near his land. The injury — if any — is to the community, not to him in his individual capacity, and it is for them, not for him, to redress it; and the remedy pointed out must be pursued.
If one member of the community in his individual capacity has a remedy for such an injury, so has every other member. To permit this would be intolerable, and contrary to all precedent or reason.
This objection cannot properly be passed over in silence.
Writ is quashed.
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...who have no peculiar interest therein, nor will they be allowed to sue out such writs as this for that purpose. Conklin v. County of Fillmore, 13 Minn. 423, (454;) Smith v. Yoram, 37 Iowa, 89; Iowa News Co. v. Harris, 62 Iowa, 501, (17 N. W. Rep. 745;) and see Darling v. Boesch, 67 Iowa, 70......