St. Louis-S. F. Ry. Co. v. City of Wetumka

This was an action by the plaintiff in error against the city of We-tumka and others to cancel a certain special assessment levied for paving purposes by said city of Wetumka, which paving was laid along one of the city’s principal streets and across plaintiff’s railroad and right of way. The plaintiff, in addition thereto, asked injunctive relief against the collection of the assessment.

The basis of th'e plaintiff’s complaint is that the$ city, in extending its pavement across the. railroad and its right of way, failed to apportion the cost of the paving to all the property benefited by the…