Sweaney v. Kansas City Railway Co.

— This is a suit to enforce certain tax hills issued for the grading of Summit street in Kansas City. The street runs north and south, crossing the right of way of the defendant railway company nearly at right angles; and these special tax bills attempt to charge the strip of land about fifty feet wide and one hundred and fifty feet deep abutting on each side of the street, and which said strip of land composes a part of the continuous right of way for the main line of defendant’s railroad. There was a judgment below in defendant’s favor, and plaintiff appealed.

The sole question is this: Does…