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KANSAS CITY RY. v. ROAD DISTRICT

No. 33.

266 U.S. 379 (1924)

45 S.Ct. 136

69 L.Ed. 335

KANSAS CITY SOUTHERN RAILWAY COMPANY ET AL. v. ROAD IMPROVEMENT DISTRICT NO. 3 OF SEVIER COUNTY, ARKANSAS, ET AL.

Supreme Court of United States.

Decided December 15, 1924.

Attorney(s) appearing for the Case

Mr. Samuel W. Moore, with whom Mr. Frank H. Moore, Mr. Arthur F. Smith and Mr. James B. McDonough were on the briefs, for plaintiffs in error.

Mr. Hal L. Norwood, for defendants in error, submitted. Mr. E.K. Edwards, Mr. J.I. Alley and Mr. B.E. Isbell were also on the brief.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

This case presents a controversy over the constitutional validity of an assessment of benefits accruing to railway property from the improvement of a public road in Sevier County, Arkansas.

The road reaches from DeQueen, the county seat, to the eastern border of the county, eighteen miles. It had been a mere dirt road, not good in any season and impassable...

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