City of Harlan v. Eversole

Opinion of the Court by

Judge Clay

— Affirming.

In the fall of 1929, Gr. A. Eversole, since deceased, conveyed to the city of Harlan a strip of land to be used for the purpose of widening North Main street. In consideration of the conveyance, the city agreed,, among other things, to build such retaining walls as, might be necessary to protect the adjoining lands from damage due from slides or washing caused by, or resulting from, the making of the improvements or excavations. It was further agreed that the city should not, be held responsible for any slides or breaks already started and existing…