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CHICAGO & NORTH WESTERN RAILWAY COMPANY v. CITY OF SEWARD

No. 34297.

90 N.W.2d 282 (1958)

166 Neb. 662

CHICAGO & NORTH WESTERN RAILWAY COMPANY, a corporation, Appellant, v. CITY OF SEWARD, Nebraska, a municipal corporation, Appellee.

Supreme Court of Nebraska.

May 23, 1958.

Attorney(s) appearing for the Case

Neely, Otis & Neely, Omaha, for appellant.

Paul H. Bek, Ivan A. Blevens, Seward, for appellee.

Heard before SIMMONS, C. J., and CARTER, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

WENKE, Justice.

It is apparent, from reading appellant's motion for rehearing, that it fails to understand why we refused to allow its request for refund, made under and pursuant to section 77-1735, R.R.S.1943, after holding, as we did, that the city of Seward should have assessed all, not half, of the cost of improving and paving the four "T" intersections in Improvement District No. 60 upon all of the taxable property of the city. In view of that fact we think a...

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