Fort Smith Light & Traction Co. v. Board of Improvement of Paving District No. 16

Defendant in error, a board of improvement incorporated by the State of Arkansas, brought suit in the Circuit Court of Sebastian County, to recover the cost of paving a part of certain streets in Fort Smith, Arkansas,; occupied by the street railway of plaintiff in error. Plaintiff in error originally operated its railway under a fran-, chise requiring it to do similar paving and limiting it to a maximum fare of five cents per passenger. Availing of the permission granted by No. 571 of the Acts of Arkansas, 1919, amended by No. 124 of 1921, the company had surrendered in that year its…