City of Lafayette v. Bush

This was au action by Bush and Wife against The City of Lafayette, and those acting under her, to enjoin the city from using and appropriating certain lots of Mrs. Bush, to the purpose of a street, no compensation having been assessed or tendered. An injunction was granted, to operate until the final hearing, and from the interlocutory order thus granting an injunction, this appeal is taken.

It is now well settled, that a city can not be enjoined from changing the grade of a street, or making any alteration *327therein, which causes consequential damages only to the adjoining proprietor, his…