Perkins v. Alfred Weston & Co.

*558The opinion of the court was delivered by

Benson, J.:

This is an action to vacate a city ordinance and to enjoin the obstruction of a street. Third street in Kansas City extends north and south. Ferry street, next east of Third street, runs in a diagonal course so that the lots situated between these 'streets diminish in length from the north to the south as Ferry- street approaches Third street. Armstrong avenue extended east and west from Third.street to Ferry street before that part was vacated. The Missouri Pacific railway occupies a right of way parallel with and adjoining Ferry street on…