Toledo Edison Co. v. Don King Construction Co.

This is an appeal on questions of law and fact by The Toledo Edison Company, which we shall refer to hereinafter as the plaintiff. It appears that the city of Defiance, Ohio, one of the defendants, entered into a contract with the defendant Bock & Knapp Construction Company for the construction of an intercepting sewer within the boundaries of First Street in said city. Plaintiff filed a petition to permanently enjoin defendant from doing certain acts in the construction of the sewer which plaintiff alleged could injure or damage the gas main, electric transmission line poles and electric…