City of Columbus v. Dahn

This was an action by the city against the appellee commenced before the mayor, to recover a penalty for the violation of a city ordinance, by fencing up and thereby obstructing a street in said city. On appeal to the common pleas there was a trial by jury, which resulted in a verdict and judgment for the defendant. The questions sought to be raised in the case are preserved by the record.

The case seems to have been made out clearly enough, if the ground fenced up was a street. This was the disputed *331point. The supposed street was never laid out by any public authority, and it became such, if…