City of Johnson City v. Carolina, Clinchfield & Ohio Railway Co.

The hill was filed to enforce a lien for assessments for street improvements. The defense interposed by the railway company was that its property was not benefited by the assessments. The cause was tried upon a written stipulation of facts. The chancellor found as a fact that the property was benefited, and further held that since the railway company did not avail itself of the method provided by the act for protesting the assessments it could not now be heard to say that it received no benefit. A decree was entered against the railway company for $1171.50', which includes interest and…