Ferguson v. Cable

The opinion of the court was delivered by

Burch, J.;

The plaintiff secured an injunction restraining the collection of a special assessment levied to defray the cost of building a sidewalk in front of his lots in the -city of Eureka. The defendant appeals. The principal question is whether municipal power was wrongfully delegated to the street' commissioner who caused the walk to be built. That the city had power to build the walk is not disputed.

Ordinance No. 337 required the plaintiff to construct a sidewalk in front of his lots out of stone, brick or cement, not less than four feet in width.…