Chicago, Rock Island & Pacific Railway Co. v. Board of Supervisors

Preston, J. —

The case has been well presented, and the trial court appears to have given the case careful consideration. The question is largely one of fact. There is a conflict in the testimony, not only as to the benefits and the proper amount of assessment therefor, but as to water conditions and other matters bearing upon the

question. Appellant concedes that it should be assessed $420, and that this would be a proper assessment; while the evidence on behalf of appellees is that the property was benefited $1,250. There is no middle ground, and under the evidence there is no basis for any…