Gough v. Cincinnati & Pennsylvania R. R.

Alfred Mack, J:

These two cases, which have been submitted to the court upon general demurrer to the petition in each case, involve the question of the right of property holders arising out of the vacation of parts of public streets.

Acting under proper authority the city of Cincinnati, *128in the abolishment of dangerous grade crossings and in the construction of what is known as the Beechmont Avenue Viaduct, vacated part of Hutton street and has constructed a certain viaduct along the southerly side of Beechmont avenue, passing over the tracks of the Pennsylvania Railroad at Beechmont avenue.

Heret…