Cain v. City of Elkins

Cox, Judge:

On the 29th day of July, 1903, the common council of the City of Elkins adopted an ordinance, which in part is as follows:

“Be it ordained by the council of the City of Elkins :

“(1) That the expense of all sewers hereafter put in any of the streets or alleys of the city shall be paid for as follows, one-third of the actual cost thereof shall be paid out of the City Treasury and the residue of said cost shall be assessed upon the real estate bounding and abutting upon the street or alley where such sewer is located and built in the proportion óf the one-third of such cost upon…