City of Earlington v. Newton

Opinion of the Court by

Judge Dietzman

Reversing.

In 1922, appellant constructed and improved with an asphalt surface, certain streets within its corporate limits, among which was West 'Main street. Appellee’s property, which he had acquired in 1908, abutted on this .street where it was thus improved. In the course of this improvement, appellant lowered the grade of West Main •street some three or four feet from the grade which had prevailed prior to the improvement. Appellee’s property was about three feet above the level of the street before its improvement, so that by this lowering of the…