Kalbrier v. Leonard

The appellee was the owner of a tract of land of ten or more acres within the corporate limits of the city of Mt. Vernon. The city council, without the consent of Leonard, opened a street through it, and some years after-wards, on one side of the street, ordered, the construction of a plank walk, which Leonard having refused to construct, was done under contract with the city by the appellant. The cost of its construction was charged against the land of Leonard, and a precept issued for its collection. Leonard appealed to the common pleas, where he answered, first, that he was then, and for…