Atchison, Topeka & Santa Fe Railway Co. v. City of Ellinwood

The opinion of the court was delivered by

Johnston, C. J.:

In this action the Atchison, Topeka & Santa Fe Railway Company sought to enjoin the city of Ellinwood, a city of the third class, from the enforcement of special assessments on its property for the pavement of a city street. The trial court held the assessments to be valid and denied the injunction. Plaintiff appeals.

The city determined to pave a part of Santa Fe street, which runs east and west, and to meet the expense of the same levied assessments on the adjoining property. The assessments were extended over blocks 41, 42 and 43, all…