Hoyle v. City of Hickory

Tbe defendant in grading Ninth Avenue in that city found it necessary to place a fill between 5 and 6 feet bigli in front of a bouse, belonging to tbe plaintiffs, wbicb was located in a depression. There was no condemnation proceedings, ás tbe city did not take any portion of tbe property belonging to tbe plaintiffs. This action was brought, alleging that tbe fill was negligently constructed. Tbe evidence is that the work was executed for tbe city in accordance with tbe plans, specifications, and directions of tbe city engineer. It was not denied that tbe city acted in good faith in grading…