Kansas-Nebraska Natural Gas Co. v. City of Sidney

Boslaugh and McCown, JJ.,

dissenting.

The plaintiff attempted to raise the issue of the ap*173plicability and constitutionality of section 16-679, R. R. S'. 1943, in both the district court and in this court. The opinion of the majority holds that section 16-679, R. R. S. 1943, is applicable and that the plaintiff is estopped from questioning the validity of the statute in this action.

The plaintiff is an integrated public utility providing natural gas service to wholesale and retail customers in four states. In Nebraska the plaintiff serves 52,926 retail customers within the boundaries of 141…