Kansas City Sou. Ry. Co. v. Road Improvement Dist., 256 U.S. 658 (1921)

Kansas City Southern Railway Company v. Road Improvement


District Number 6 of Little River County, Arkansas
No. 205


Argued March 16, 17, 1921
Decided June 6, 1921
256 U.S. 658

ERROR TO THE SUPREME COURT
OF THE STATE OF ARKANSAS

Syllabus

1. A judgment of a state supreme court sustaining a state tax law over the objection that, as applied in the case, it violates the Constitution, is reviewable by writ of error. P. 659..

2. Railroad property may not be burdened for local improvements upon a basis so wholly different from that used for ascertaining the contribution demanded of individual owners as necessarily to produce manifest inequality. P. 661.

3. An Arkansas statute authorizing local assessments for a road improvement held denial of the equal protection of the laws as applied in this case. P. 661.

139 Ark. 424 reversed. Certiorari denied.

Error to a judgment of the Supreme Court of Arkansas which affirmed a judgment of a circuit court approving a road improvement assessment on property of the plaintiffs in error. The facts are stated in the opinion.