AI Structured Summary
Not yet generated for this judgment
Judgment
Ross, J.—The only point of substance taken in this application is that the jury acted without jurisdiction in recommending that the Bhusaul should be allowed to remain on land which they found to be a public road. Reference was made to Queen Empress v. Kedar Nath (1901) 23 All. 159, where it was held that any obstruction oh the public road is a nuisance. Reading the verdict of the jury it seems to me that they made a distinction between the Bhusaul and other articles such as tiles, palm tree leaves, etc. These latter they evidently regarded as a nuisance and ordered that they should be removed. In allowing the Bhusaul to remain they must be understood as having found that it did not constitute any obstruction.
In my opinion, there is no ground for interference with this order.
The application is dismissed.