38 BULLETIN 1207, U. S. DEPART. M KNT < >F AGRICULTURE. 
The courts have often been called upon to decide railroad assess- 
ments, but they have generally been more concerned in determining 
the equitableness of the amount so assessed than they have in defin- 
ing the elements of benefit: Some decisions, however, specify some 
elements of railroad benefits as properly considered by the assessing- 
board. A Tew will be quoted at some length because of the light 
they throw on this question. 
An interesting decision is found in Chicago & North Western 
Railroad v. Board of Supervisors of Hamilton County. 153 X. TV. 
110: 171 Iowa 741. This was the appeal of a suit by the railroad 
company asking a reduction of its assessment of $1,500. The trial 
court had reduced this to $800. The railroad company contended 
that its right of way would not be benefited by the drainage and 
ought not to he assessed or. if chargeable, $1,500 was out of propor- 
tion to the benefits. Engineers in the employ of the railroad com- 
pany testified that the drainage of ponds and surface Avater from 
the right of way was of no advantage to the railroad. The Supreme 
Court characterized this testimony as a statement so radical and 
contrary to the teachings of human observation and experience in 
general that the court was justified in refusing to be guided thereby. 
The court said in part: 
Tn the court below and in this court the hoard of supervisors adopted the- 
theory that the benefits of the drainage to the railway are to be ascertained 
by reference to the greater ease and lessened expense of maintaining the 
way, the greater permanence and security of the fills and embankments, the 
increased life of ties, posts, and other wooden material, the opportunity 
afforded the railroad company to substitute pipe for trestles, and thereby give 
its track a safer foundation with decreased outlay for upkeep, and other things 
of that nature. There was evidence also tending in some degree to show the 
difference which the changed conditions would make in the expense of main- 
taining the road and right of way. That these conditions, so far as they are 
found to exist, do afford a foundation for a fair estimate of the benefits, is a 
reasonable conclusion. That there are still other conditions which in a proper 
case may ho considered in estimating such benefits is. no doubt, true: for 
example, the benefit to the right of way as a mere matter of acreage without 
special reference to (lie present use being made of it. See "Railroad Co. v. 
Centervllle. 153 N. W. 106\ decided at this term of court. Tf the property of a 
railroad company were being subjected to a complete and itemized valuation 
to ascertain a basis upon which to regulate its schedules of rites, it would 
naturally and properly insist that its right of way be estimated upon the 
present value of the lands so occupied, for it could not reproduce its road at 
the present time except on the basis of present hue 1 values, and. if so. then 
it would seem that the improvements which clearly tend to increase such value 
is a tangible benefit to the company and its property. 
The same court in Chicago Great Western Railway Co. v. Board 
of Supervisors of Dubuque County. 176 Towa 690: 158 N. W. 553. 
pointed out what are some of the elements properly to be considered 
in assessing railroad benefits, in a particular case, a? follows: 
Some of the resulting benefits to the company were the removal of Hie 
stagnant water standing in the swamp: the Improvement left the right of way 
and surrounding country free from water, thus making a drier and better 
roadbed; the water was carried off more quickly in case of floods, thus pre- 
venting washouts of the tracks: defendant was permitted to remove the ditch 
from off the right of way. thus giving the railroad the use of its entire 80 
feet, as well as the expense Of constructing and maintaining the nine private- 
crossing bridges, referred to by the appellant. Furthermore, the present 
bridges take the place of these nine former bridges maintained by the railroad 
company. The present bridges are on the right of way of the drainage dis~ 
