171 Iowa 741 | Iowa | 1915
— Some two miles of the plaintiff’s right of way are included within the limits of Drainage District No. 114, in Hamilton county. The total cost of the drainage system was about $91,000, and in assessing the same upon the property of the district, • the commissioners estimated the amount chargeable to the railway company at $1,500. The estimate was approved by the board of supervisors and a levy made accordingly. The company appealed to the district court where, after hearing the evidence, it was ordered that the assessment be reduced to $800, and from this ruling and judgment the defendant has appealed to this court.
It is argued for the appellee that the railway is in no manner benefited by the drainage and ought not to be subjected to any tax therefor; or, if it be chargeable with any part of the cost thereof, then the assessment of $1,500 is excessive and out of proportion to the benefits.
Without going further at this point, it is enough to say that from plaintiff’s own showing it must have received very substantial benefits from the drainage afforded by this improvement, and should contribute in fair proportion to its cost.
II. The question left for us to consider is whether the trial court erred in finding the assessment excessive and reducing the amount from $1,500 to $800.
The judgment appealed from is — Affirmed.
Delayed on rehearing, and not yet officially reported.