City of Prestonsburg v. Hubbard

Opinion of the Court by

Judge Thomas

Reversing.

The appellee and plaintiff below, Maloom Hnbbard, filed his petition in the Floyd circuit court against the appellant and defendant below, city of Prestonsburg, seeking to recover damages against it for injuries done by it to plaintiff’s lot abutting on one of the streets of defendant, and which acts on its part were committed in improving the street at the -expense of abutting property pursuant to an ordinance duly and regularly enacted for the purpose. The two items of damage alleged in the petition were: (1) That, in making the improvement, the…