82 Neb. 598 | Neb. | 1908
Plaintiff is the owner of what is known as the “St. James Hotel Building” in the city of Grand Island. The defendants were in possession of the building under a five-year lease, terminating in November, 1907, and the defendant, Mrs. Hanrahan, had charge of the dining room and cafe, under a contract with the Rownds. In September, 1906, the Grand Island Electric Company, through arrangements made with its codefendants, was about to
It is the defendants’ contention, and their case was tried upon the theory that the sign was to be attached to a pipe inserted into the wooden lintel above the door, that guy wires were to be attached to the lintel and to the frames of windows in the upper story without injury to the brick wall. We think there can be no doubt but that a preponderance of the evidence supports the plaintiff’s contention. The sign was ordered or prepared by one of the defendants in such a way that with projecting stay rods it could be attached to the wall of the building, and screw holes were arranged that to so attach it it would be necessary to drill holes into the brick wall and insert wooden plugs therein. The evidence is undisputed that the manager of the electric light company stated to the plaintiff one week or ten days before the trial that defendants intended to attach the sign by drilling holes into the brick wall, not only for the stay rods, but also for the guy wires. But the manager testified that they intended to insert a rod or pipe into a hole bored into the wooden lintel above the door, extend this rod nine feet out over the sidewalk, and upon this they would hang the sign; that two guy wires attached to the outer end of the sign would be fastened to the wooden lintel, and two others to the window frames above. Although the witnesses testi
Under the facts proved, we think there can be no doubt but that the defendants were threatening a waste of the
Reversed.