Donaldson v. Powell

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment against him enjoining him from maintaining and operating a filling station close to the property of the plaintiffs in the city of Emporia.

In that city, an ordinance had been passed prohibiting any person from establishing on any property outside the fire limits of the city any filling station without the written consent of the owners of *233four-fifths of the property lying within one-half block in each direction from the location of the filling station.

The action was tried without a jury, and the court…