Union Pacific Railroad v. City of Russell

*351The opinion of the court was delivered by

Johnston, C. J.:

This is an action brought by the Union Pacific Railroad Company to enjoin the assessment and collection of special improvement taxes for paving a part of Main street in the city of Russell. A temporary restraining order was granted by the probate judge, but on the final hearing of the cause before the district court that order was vacated and the injunction denied. Plaintiff appeals.

The plaintiff is a railroad corporation which operates a line through the city .of Russell. Russell is a city of the third class, and having determined to…