City of Paducah v. National Cast Iron Pipe Co.

Opinion op the Court by

Van Sant, Commissioner

Beversing.

The opinion on the first appeal is styled National Cast Iron Pipe Company v. City of Paducah, and is reported in 299 Ky. 434, 185 S. W. 2d 692. We there held the City of Paducah to be liable to the contractor for that part of setwer construction assessments which amounts to spoliation. On return of the case, the Chancellor entered judgment for the full amount of the assessment against the property. It is contended by appellant on this appeal that the City is liable for only so much of the assessment as exceeds the value of the property…