City of Emporia v. Emporia Railway & Light Co.

The opinion of the court was delivered by

West, J.:

On April 12, 1911, the city accepted the bid of a paving company to curb, gutter and pave Twelfth avenue. On the following- day a street-car franchise authorized by popular vote was accepted in writing by the assignors of the street railway company. The contract with the paving company provided for a double foundation consisting first of a subgrade of natural earth, thoroughly compacted as therein specified, upon which subgrade a course of concrete was to be laid, in no place less than four inches in thickness, and upon such double foundation…