Union Pacific Railroad v. City of Kansas City

*488The opinion of the court was delivered by

Smith, J.:

This action was brought by appellant to enjoin the assessment and collection of a special-assessment tax against it on its right of way for the grading of Muncie boulevard, in the city of Kansas City, Kan. Appellant contends, first, that the assessment is illegal because its land is not benefited by the grading of the boulevard and is a portion of its right of way fenced off from the boulevard and used exclusively for running trains. That the right of way is unplatted land is not questioned, and by the provisions of section 1010 of the…