Harkness & Cowing Co. v. Village of St. Bernard

Jones, Oliver B., J.

These two cases were heard together on appeal from the court of insolvency, as they involve the same issues,

*370Two questions are involved in the cases: first, whether Murray Road, within the village of St. Bernard, running from Carthage avenue to the Miami • canal, was a public highway at the time the improvement was made; and, second, whether the several tracts of land assessed for this improvement of Murray Road would be benefited by the improvement in an amount equal to the amount assessed against them.

A great deal of interesting evidence was offered in regard to the…