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Judgment
This is a hopeless case. The plaintiffs are certain of the worshippers of St. Jacob''s Church. They complain of obstruction by certain
constructions made by the defendants who represent the Church of the Holy Ghost on a part of the public road in front of their church. It is said
that the result of this new construction will be to obstruct the plaintiffs'' view of a curusady--a pillar of brick and mortar with a cross on it--and their
procession on the public roadway round the curusady.
We are unable to see what right the plaintiffs have to represent the church of St: Jacob. We do not see what connection the curusady has with
the church of St. Jacob. The view of the curusady is no part of the ritual of the church. It is found that there is no established practice of an
individual worshipper crossing himself at the sight of the curusady. Even if there was such a practice, we cannot say he is entitled to the protection
of the intervening public roadway being kept clear of all obstruction to the view. We think the Judge is right in holding that no special damage has
been shewn to give the plaintiffs a right of action. The plaintiffs are not the trustees of the church of St. Jacob. They have not gone in procession
round and suffered from the obstruction any special damage.
Nor can we say that a possible obstruction to a procession would be a special damage.
We must dismiss the second appeal with costs.