City of Henderson v. Andrews Asphalt Paving Co.

Opinion op the Court by

Judge Willis

— Reversing.

This appeal involves the determination of legal liability for a street paving assessment. Henderson, a city of-the third class, by appropriate proceedings under sections 3450-3459, Kentucky Statutes, ordered the original construction of Second street extended with “Warrenite bitulithic” pavement. The contract was awarded to the Andrews Asphalt Paving Company, under which the work was performed and accepted by the city. The cost of the improvement was apportioned by the front foot among the owners of the abutting property, and an assessment made…