Eckert v. Incorporated of Walnut

Sherwin, J. —

The defendant cut down the street in front of the plaintiff’s property some sis or seven feet. At the time this was done no grade had been established thereon, either by ordinance or by resolution, though after the work was done an ordinance was duly passed establishing the grade of said street still lower than it had then been excavated. Section 465 of the Code of 1873 gave cities and towns the power to provide for the grading of streets and alleys, but contained the provision that “no street shall be graded except the same be ordered to be done' by the affirmative vote of…