City of Lincoln v. Lesoing

The appellee, City of Lincoln, filed a petition in the former municipal court of the City of Lincoln alleging that the appellant, W.R. Lesoing, was liable to the city for the costs of backfilling and replacing paving and asphalt after the excavation by Lesoing of a public street in the City of Lincoln. Lesoing, by amended answer, admitted that he had obtained a permit to make an excavation in the public street of the City of Lincoln and that the excavation had been backfilled and the paving and asphalt replaced by the city. As a defense, however, Lesoing alleged, in effect, that the City of…