City of Covington v. Averbeck

Opinion op the Court by

Judge Thomas

Reversing on original and affirming on cross-appeal.

The principal questions presented by this record, and the only ones contested in the cross-appeal, are: (1) The extent and limitation of the power and authority of the city of Covington, Ky., a city of the second class, over its streets and public ways, and (2) whether or not in the undertaking involved in this litigation it transgressed those limitations? The matter involved in the original appeal relates exclusively to the validity of a contract (conceding the power of the city to make it) to improve…