George Gilbertson v. City of Fairbanks, a Municipal Corporation

On August 23, 1956, appellee (plaintiff below) filed a complaint against appellant (defendant below), hereinafter for convenience sometimes respectively referred to as plaintiff or defendant and as appellant or appellee, in which plaintiff sought judgment in the sum of $5,146.25, claimed to be the reasonable value of certain utilities furnished to defendant’s hotel by plaintiff, in its capacity as the owner and operator of an electric, telephone, steam heat, and water utility system. Defendant’s answer denied the material allegations of the complaint, and asserted a counterclaim in two counts for damages in the amount of $100,000. In the first count of the counterclaim, defendant alleges that on or about July 14, 1952, he was the owner and operator of a certain building known as the Pioneer Hotel, together with furniture and other effects contained therein; that the plaintiff was engaged in the business of furnishing electricity as a public utility to customers at Fairbanks, Alaska, including said hotel; that on or about said date a fire was started in said building, which said fire was brought under control and confined to a small portion of defendant’s said building by various…