Legal Opinion

Nebraska Telephone Co. v. York Gas & Electric Light Co.

Nebraska Supreme Court

Decided September 17, 1889PublishedCited by 3 opinions

Appeal from the district court for York county. Heard below before Norval, J. Defendant should not have been granted affirmative relief. (Code, secs. 429, 262, taken from Ohio Code; Klonne v. JBradstreet, 7 O. S., 326 ; Boone, Code Pleading, secs. 101, 102.) Some of the findings below are clearly wrong and should be set aside. {Mfg.

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Appeal from the district court for York county. Heard below before Norval, J. Defendant should not have been granted affirmative relief. (Code, secs. 429, 262, taken from Ohio Code; Klonne v. JBradstreet, 7 O. S., 326 ; Boone, Code Pleading, secs. 101, 102.) Some of the findings below are clearly wrong and should be set aside. {Mfg. Co. v. Feary, 22 Neb., 68; 33 N. W. Rep., 485; Seymour v. Street, 5 Neb., 85.) Defendant cannot rely on estoppel, having failed to plead it, and there being no evidence to support it if pleaded. (P. Co. v. Harris, 8 Neb., 142 ; Bigelow, Estoppel [3d Ed.], 484,…

1Opinion of the Court

Reese, Ch. J.

This action was instituted in the district court of York county and was for an injunction to restrain defendant *287from interfering with the telephone system of the plaintiff in the city of York. A trial was had to the district court, which resulted in findings and a decree in favor of plaintiff in part, and of defendant in part, whicji is hereinafter set out at length.

It was alleged in the amended petition of plaintiff that plaintiff was incorporated under the laws of this state, and was doing a general telephone business in the various cities thereof, and that by an ordinance of…

2Cited by3 opinions

  1. Consolidated Electric Light Co. v. People's Electric Light & Gas Co.Supreme Court of Alabama · 1891
  2. Olson v. Nebraska Telephone Co.Nebraska Supreme Court · 1909
  3. Tri-County Mutual Telephone Co. v. Bridgewater Electric Power Co.South Dakota Supreme Court · 1918

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