BOOTH v. Town of Newburgh

Appellants filed an action in the War-rick Circuit Court under Acts 1907, ch. 279, §3, p. 617, being §48-903, Burns’ 1950 Replacement, to vacate a portion of Jefferson Street in the Town of Newburgh, Indiana.

The petition alleged, inter alia, that the part of the street sought to be vacated consists of a steep bank running from the low water mark of the Ohio River to Water Street, the first street north of and parallel to the river, and that said bank is so steep it is impossible to use as a street; and that it does not afford ingress or egress to the citizens of the town or to any property…