City of Louisville v. Lausberg

Opinion op the Court by

William: Rogers Clay, Commissioner

— Affirming.

In this action for damages for injury to Ms property, alleged to have resulted from a change of grade and from the negligent prosecution of the work of construction, plaintiff,'Frank H. Lausberg, recovered a verdict and judgment against the defendant, City of Louisville, for the sum of $500. The city appeals.

Briefly stated, the facts are as follows:

Several years ago the Caperton heirs owned a tract of land which they divided into lots, streets and alleys. One of the streets was named Underhill street. This street was a dirt…