Foster v. City of Topeka

The opinion of the court was delivered by

Burqh, J.:

The action was one to enjoin the city from passing an ordinance vacating an alley. A demurrer to the petition was sustained, and the plaintiffs appeal.

The alley privileges of the plaintiffs and the effect of the proposed ordinance are indicated by the sketch on following page.

Topeka avenue and Harrison street run north and south. Sixth street and Seventh street run east and west, and reach the principal business street of the city three blocks east of Harrison street. Topeka avenue is a boulevard, from which trucks, ice wagons, huckster…