
    MARKETS — APPROPRIATION.
    [Hamilton Circuit Court.]
    Pruden v. Cincinnati.
    Establishing Market — Compensation to Property Owners.
    A market can not be established and maintained in a public street without com pensation to abutting property owners.
    Appeal.
    
      Wm. L. Dickson, lor Pruden.
    
      Fred Hertenstein, contra.
    This is a suit by A. J. Pruden, a property owner, abutting on Plum street, for an injunction restraining the maintenance of a market on that street. Judge Hollister held, upon the presentation of the case below, that council can not, without legislative authority (as in this case) or with such authority, designate a particular street for use for market purpose without payment to the abutting property owners of any damages they may suffer thereby.
   Swing, J.

This cause was heard in this court on the evidence submitted in the court of common pleas, the substance of which is fully stated by Hollister, J., in his opinion, found in 2 Dec., 200 (1 N. P., 340). We think the law applicable to this case is very clearly and fully stated in this opinion, and the judgment of this court will be in accordance therewith.  