City of Grayson v. Eastern Kentucky Southern Railway Co.

Opinion of the Court by

Hobson, Commissioner

Affirming.

Grayson is a town of the fifth class, having a population of about 1,000. The city in June, 1931, passed an ordinance for the improvement of what is called in the record Depot street and Third street, at the cost of the adjoining property owners. The Eastern Kentucky Southern Railway Company brought this action to enjoin the construction of the streets under a contract made pursuant to the ordinance, on the ground that the streets had not been established and ran over the property of the railway company without right. On tlje final hearing…