Herndon v. Brawner

Opinion op the Court by

Judge Thomas

Affirming.

In November, 1899, the common council of the city of Frankfort, a city of the third class, passed an ordinance providing for the improvement of Second street, between the east line of Conwav street and the west line of Logan street, by grading and paving it with vitrified brick. The improvement provided for was to be ‘ ‘ át the grade heretofore reported by the city engineer and shown by profile now in the city clerk’s office and hereby established as the proper grade for said pavement.” The ordinance does not show what engineer established the…