163 Ind. 17 | Ind. | 1904
Fifth, an east and west street in the city of Peru, was, fifty years ago, laid out and opened seventy feet wide from property line to property line, and the sidewalks and grades established, the walks being ten feet wide from property line to curb, and the gutters four feet, with bottom at two feet from curb line. In 1895, in response to a petition of citizens, the city council adopted a resolution authorizing property owners on all streets from seventy to one hundred feet in width, who might desire to do so, to widen the sidewalk by setting out the curb to the center of the gutter. The appellees, except the city, the mayor, and the contractor, own all the abutting lots on the south side of Fifth street, between Huntington, a north and south street, and the first alley east. Appellant owns eighty-eight front feet on the same side of the street, hut it lies 110 feet east of the alley. He also owns 100 front feet on the north side of Fifth street and east of the alley. He oavus no abutting property on either side of Fifth street between Huntington street and the first alley east. The improved part of the sidewalk is next to the property line, leaving a strip between it and the curb for a lawn and shade trees. Said appellees, desiring to widen the lawn
The only error assigned in this court is the overruling of the demurrer to the answer.
It is not necessary, however, for us to carry our investigation beyond the complaint, for it is so manifestly bad that the quality of the answer becomes immaterial. A plaintiff must make it very plain that he is entitled to summary relief before a court of equity will interpose by injunction. This has not been done. It is the walk on, the south side of the half block on Fifth street, which lies between Huntington street and the first alley east, that appellees are endeavoring to widen, and appellant wholly fails to allege, or show in his complaint, an interest in any property abutting on Fifth street within said half block. lie avers ownership of property further east on the same street, and on both sides thereof, but it is not shown that the widening of the walk in front of appellees’ premises will .in any way affect the ingress or egress, or. other enjoyment of appellant’s property in another part of the street. It is averred that appellees are proceeding without
Judgment affirmed.