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

The opinion of the court was delivered by

BENSON, J.:

This action is to enjoin the collection of a special assessment for a pavement in a city of the second class and is a sequel to Railway Co. v. O’Leary, 79 Kan. 664, 100 Pac. 628. It appeared in that action that the city of Cherryvale had authorized the pavement of a street parallel with the railway track and including a part of the right of way of the railway company, being a strip of land thirty feet wide at the north end and diminishing to a point about 700 feet to the south. The object of the former suit was to enjoin the contractors from…