Lewis v. City of Whitesburg

Opinion of the Court by

Judge Richardson

Affirming.

The city of Whitesburg acting under appropriate ordinances contracted with the Hart Construction Company to grade and construct Cowan street. W. H. Lewis owned certain lots situated on this street. He claims while it was being constructed in accordance with a contract between the city and the Hart Construction Company, his property, fronting thereon, was damaged by the lowering of the grade, the encroaching on his lots, and the leaving of an embankment unprotected by a retaining wall, causing erosion, directly injuring his property.

At one time…