
    PETITIONER FOR STREET IMPROVEMENT BARRED FROM OBJECTING TO ASSESSMENT.
    Circuit Court of Hamilton County.
    Charles C. Breuer and H. W. Morgenthaler v. John H. Gibson et al. 
    
    Decided, May 19, 1906.
    
      Streets — Improvement of, by Petition — Abutter Estopped from Objecting to the Assessment, When.
    
    An abutting property owner, who petitioned for improvement of' the street and that the improvement be made in a certain manner, can not thereafter enjoin collection of the assessment on the ground that the improvement was made in an improper and negligent' manner, where it was made in the way designated in 'the petition. _
    
      Eorstman & Eorstman, for plaintiff.
    
      City Solicitor, contra.
    
      
       Affirmed by the Supreme Court without report, 77 Ohio St., 602.
    
   Per Curiam.

This action was commenced to enjoin the collection of certain assessments levied upon the plaintiff’s lots for a street improvement, on the ground that the street was improperly and negligently constructed. The amended answer contains the averment that plaintiff petitioned the city through its proper boards to make said improvement in the manner in which it was afterwards made, and wherein they agreed to pay for the whole cost of such improvement except two (2) per cent, of the entire cost of the improvement and the cost of the intersections. This averment is nowhere controverted by reply, and hence the court did not err in refusing to hear testimony tending to prove that the street was negligently and improperly constructed.  