D. J. O'Brien Co. v. Omaha Water Co.

Calkins, C.

The defendant, under a contract with the city, of Omaha, furnishes water to the city for fire purposes and to the public for private use. The plaintiff was a manufacturer of candy, occupying a building at the corner of Twelfth and Howard streets. A fire having broken out in the neighborhood on Saturday evening, January 28, 1905, a fire engine was attached to a hydrant which defendant had installed at the said corner, and it was used in extinguishing such fire until about 10 o’clock Sunday morning, when it was detached. Shortly afterwards the employees of the city, under direction…