City of Somerset v. Carver

Opinion of the Court by

Judge Thomas

Reversing.

The city of Somerset is a town of the fourth, class, and College street therein runs north and south and has been a traveled way for more than 75 years. The appellee and plaintiff below, O. J. P. Carver, owns a lot on the west side of that street upon which is a residence building in which he resides. The surface of the ground, including that of the street, is up grade both ways from his lot, it being located in a low place through which runs a natural drain. In 1925 the city, by ordinance duly enacted, provided for the improvement of the surface…