Section 51-1-7. When infraction of public duty gives cause of action to individual

   Injury suffered in common with the community, though to a greater extent, will not give a right of action to an individual for the infraction of some public duty. In order for an individual to have such a right of action, there must be some special damage to him, in which the public has not participated.

Orig. Code 1863, § 2895; Code 1868, § 2901; Code 1873, § 2952; Code 1882, § 2952; Civil Code 1895, § 3808; Civil Code 1910, § 4404; Code 1933, § 105-102.