Little v. Town of Southgate

Dissenting Opinion by

Judge Dietzman.

I am unable to agree with the opinion of the majority in this case, and, as I believe that the' principle on which it is rested is so far reaching in its implications, I deem it proper to express the reasons for my dissent.

On the former appeal of this case we held on the authority of Schuster v. City of Oakdale, 180 Ky. 760, 203 S. W. 715, that the allegations of the second paragraph of the petition justified the injunction which the plaintiffs sought. The prayer of that petition asked an injunction enjoining the town of Southgate from entering into the…