Burkam v. Ohio & Mississippi Railway Co.

The appellant seeks by his complaint the abatement of a nuisance by the removal of a railroad track *345from William street, in the city of Lawrenceburgh, and also to obtain an injunction and to recover damages.

The trial court admitted evidence tending to prove that the appellant consented to the occupancy of the street, and assisted in making the fill upon. which the track was laid. This evidence was clearly competent. An abutting owner who expressly consents to the occupancy of a street can not afterwards ask a court to' enjoin the use of the street or award him damages. Wolfe v. Covington,…