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FT. SMITH LIGHT CO. v. PAVING DIST.

No. 269.

274 U.S. 387 (1927)

FORT SMITH LIGHT AND TRACTION COMPANY v. BOARD OF IMPROVEMENT OF PAVING DISTRICT NO. 16 OF THE CITY OF FORT SMITH.

Supreme Court of United States.

Decided May 16, 1927.

Attorney(s) appearing for the Case

Messrs. Joseph M. Hill, Henry L. Fitzhugh, and R.M. Campbell for plaintiff in error.

Messrs. John P. Woods and Harry P. Daily for defendant in error.

MR. JUSTICE STONE delivered the opinion of the Court.

Defendant in error, a board of improvement incorporated by the State of Arkansas, brought suit in the Circuit Court of Sebastian County, to recover the cost of paving a part of certain streets in Fort Smith, Arkansas, occupied by the street railway of plaintiff in error. Plaintiff in error originally operated its railway under a franchise requiring it to do similar paving and limiting it to a maximum fare of five...

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