In Re Assessment for Improving Superior Street

Olsen, C.

Duluth & Iron Range Railroad Company appeals from a judgment confirming an assessment against its property. The assessment was levied by the city of Duluth to defray in part the cost of paving and constructing curb and gutter on East Superior street from Forty-fourth avenue east to McCulloch street, a distance of some three blocks. The street runs in an easterly and westerly direction and is bounded on its southerly side by the right of way of the railroad company, the right of way abutting upon the improvement being a strip of ground 100 feet in width and extending the length of the…