Overton v. Alford

Duckworth, Chief Justice,

dissenting. The allegations are sufficient to show to a reasonable certainty an intention to block the alleged public highway which is being used as a school-bus route, and it is not necessary to wait until the blockage is placed in the road before the petitioner moves to protect himself against the alleged injury. Therefore, the court did not err in holding that the petition was sufficient to allege a cause of action, and did not err in overruling the general demurrer to the petition. The evidence proved the material allegations, and it was not error to deny the motion for new trial. I am authorized to state that Mr. Justice Candler and Mr. Justice Hawkins concur in this dissent as to the ruling on demurrer.