Town of Hardinsburg v. Mercer

Opinion op the Court by

William Rogers Clay, Commissioner

Affirming.

Tlie town of Hardinsburg brought this suit against N. McC. Mercer to collect a side-walk assessment. Tbe defendant not only resisted tbe assessment, but pleaded a counter-claim for injury to bis property. On final bearing botb tbe petition and counter-claim were dismissed. Tbe town appeals and tbe defendant prosecutes a cross-appeal.

Tbe board of trustees of cities of tbe sixth class is empowered to construct or reconstruct sidewalks and assess tbe abutting property for tbe cost thereof. Section 3706, Kentucky Statutes. Pursuant…