Agnew v. City of Pawnee City

Epperson, O.

This is an injunction suit to restrain the defendant city and its officers from removing a stairway constructed by plaintiff on a public street. In 1881 the then owners of plaintiffs lot erected thereon a brick building, the north wall of which rested on the line between the premises and the street. At the same time the stairway in question was built extending from the ground to a second story door in the north wall of the building and projecting into the street two and one-half feet. The stairway was used continuously for nearly .20 years. In 1900 it was removed by the city, and…