Whelan v. City of Plattsmouth

I concur in the judgment of affirmance, but do not approve applying to the instant case the principle announced in Papillion Times Printing Co. v. Sarpy Gounty, 85 Neb. 397. The plaintiff does not invoke that principle, but argues that the district court was right in sustaining his motion to strike certain allegations from the defendant’s answer. Clearly there was no error in that ruling. In effect the defendant pleaded as an estoppel that, while it was grading the street in front of the plaintiff’s property, he consented thereto and requested the city’s “officers, servants and employees to…