Regester v. Lincoln Oil Refining Co.

— The appellant, who was plaintiff below, brought an action as a taxpayer and citizen against appellees herein to prevent the taking over and use of a public street in the city of Bloomington, Indiana, and a part of the park system of said city for private use, to prevent the creation of an alleged dangerous and hazardous condition in said street and to collect damages.

The facts pertinent here and as set forth in appellant’s complaint are substantially as follows: College Avenue, in the city of Bloomington, is a wide street with a raised grass plot in the center surrounded by a curb, a…