Union Pacific Railroad Co. v. Sloan

The opinion of the court was delivered by

Robb, J.;

This is an appeal from the trial court’s judgment entered on April 15, 1960, sustaining defendant’s motion to dismiss plaintiff’s appeal from an order of the state board of tax appeals.

The railroad operated its line through the Elwood-Gladden drainage district located in Doniphan county onto and across the railroad’s bridge which spanned the Missouri River, a navigable stream. No challenge was made of the fact that the bridge approach on the Kansas end was subject to a five mill tax levy in the year 1958 by the drainage district for benefits…