Duckworth v. City of Springfield

This is a suit for damagés caused to plaintiff’s property by raising the grade of the street on -which plaintiff’s property abutted under city ordinances enacted for grading, paving, curbing and sidewalk purposes and by thereafter causing a sidewalk to he constructed on such grade whereby plaintiff’s property is left some three feet below such grade. The defendant denies its liability on the ground that any ac*52tion on its part in this respect and whatever it did in this connection by passing ordinances, letting contracts, etc., was ultra vires. The basis of this contention by the city is that…