Fulton v. City of Lincoln
Nebraska Supreme Court
Error to Lancaster county district court. The action there was brought by Fulton to recover the sum of $495.05 for work and labor performed by him in the grading of M .street, in the city of Lincoln, between 16th and 18th. Upon the trial below defendant moved for a non-suit, which was sustained by the court, Pound, J., presiding, to which plaintiff took exceptions.
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Error to Lancaster county district court. The action there was brought by Fulton to recover the sum of $495.05 for work and labor performed by him in the grading of M .street, in the city of Lincoln, between 16th and 18th. Upon the trial below defendant moved for a non-suit, which was sustained by the court, Pound, J., presiding, to which plaintiff took exceptions. Plaintiff alleges here that the court erred in sustaining defendant’s motion for a non-suit: that the court erred in refusing to allow the plaintiff to prove by his own testimony who directed him to perform the work on M street, in…
1Opinion of the CourtCobb, J.
The city of Lincoln is a city of the second class under the general laws of this state. At the date of the transactions upon which this suit is founded, the law granting and defining the powers and prescribing the liabilities and duties of all corporations of that character and grade was contained in chapter 9 of the General Statutes. Under the provisions of said chapter the mayor and council of such city were authorized and empowered “ to enact ordinances ” for certain purposes, among others, “ to open and improve streets,” etc. § 31, p. 142, Gen. Stat.
Section 32 of said chapter is in the…
2Cases cited2 opinions
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