City of Dixon v. Allemand

The city argues that Kelly, the contractor who laid the new sidewalk, is the one. who is responsible to plaintiffs, but the proof is that the cutting down of the grade of the ground where the new sidewalk was to be and the cutting into plaintiff’s lot was not done by him but by the superintendent of streets under the direction of and upon the lines fixed by the city engineer. The contract between Kelly and the city, and the ordinance under which that contract was entered into, did not provide for work on this particular street, at least hy its true or usual name, and the city therefore argues…