161 Ind. 322 | Ind. | 1903
— In the improvement of one of its streets appellee was constructing a driveway across a sidewalk to a lot east of and adjoining a lot owned by appellant in such a manner that it curved eighteen inches to the west in front of appellant’s lot in crossing said sidewalk. Appellant brought this action against appellee to enjoin the construction of any portion of said driveway in front of his lot and for damages. Appellee’s demurrer for want of facts was sustained to the complaint, and, appellant refusing to plead further, judgment was rendered against him on demurrer.
It is insisted by appellant that the construction of any part of said driveway in front of his lot was in violation
As the complaint was insufficient for this reason, we will not, under the well-settled rules, pass upon the constitutional question urged by appellant. State, ex rel., v. Reardon, ante, 249, and cases cited.
Judgment affirmed.