State, Etc. v. Tolliver

Concurring Opinion

Jackson, J.

I concur in the result of the majority opinion, but am of the opinion that recovery of damages should be limited to a case of extreme hardship. I think it can be said that any person in business might suffer injury “far greater and of a different kind and nature from the injury suffered by the general public.” Certainly, as a class, in view of the precedent heretofore established, persons suffering such injury are not to be compensated.

In the case at bar, the peculiar circumstances as well as the nature of appellees’ business which necessitated the hauling of extremely heavy loads over what is obviously an inadequate bridge and highway might be *333considered to be the exception to the rule of damnum absque injuria. .

Note. — Reported in 205 N. E. 2d 672.