City of Plattsmouth v. Nebraska Telephone Co.
Nebraska Supreme Court
Appeal from the district court for Cass county: Paul .Tessen, Judge.
1Opinion of the Court
Duffie, C.
The plaintiff brought this action in equity for a mandatory injunction, in which alternative relief is prayed. The material allegations of the petition are the following: (1) That the city of Plattsmouth has never granted defendant any lawful or sufficient franchise, nor any franchise to occupy the streets and alleys of the city; (2) that defendant has been occupying the streets and alleys of the city for more than 15 years without right or authority; *461(3) tliat defendant has erected its poles and wires in Main street, along the south side, from First to Eighth streets, and has…
2Cases cited8 opinions
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Daily Leader v. Cameron, AuditorSupreme Court of Oklahoma · 1895
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
- City of Burlington v. Burlington Street Ry. Co.Supreme Court of Iowa · 1878
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3Cited by17 opinions
- Kelley v. EarleSupreme Court of Pennsylvania · 1937
- State Ex Rel. Douglas v. Nebraska Mortgage Finance FundNebraska Supreme Court · 1979
- Lawnwood Medical Center, Inc. v. SeegerSupreme Court of Florida · 2008
- Clough v. North Central Gas Co.Nebraska Supreme Court · 1948
- Omaha Electric Light & Power Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1910
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