Town of Erlanger v. Cody

Opinion of the Court by

Judge Miller

Reversing.

When the town of Erlanger was incorporated as a town of the sixth class in 1897, the street known as Erlanger Road, and running through' the town, was a turnpike or macadamized public highway, of many years ’ existence. The appellee Cody was then the owner of a lot fronting 75 feet on Erlanger Road, upon which there *627stood two frame dwelling houses. He still owns the property.

It is conceded that in 1899, after the houses had been built, the town of Erlanger established the grade of Erlanger Eoad for the purpose of constructing sidewalks; by making…