City of Reno v. Sierra Pacific Power Co.

This action was brought by appellee, Sierra Pacific Power Company, a public utility corporation, to enjoin the appellant, city of Reno, a municipal corporation, and its officers, mayor, city engineer, and city attorney, from interfering with water meters it had already established, and with those it intended to establish, in the streets of the city of Reno in connection with its business of furnishing water to the inhabitants thereof. A restraining order was issued, and, after notice and hearing, the court granted a temporary injunction enjoining the appellants from interfering with the water meters already established by the appellee, but denying the injunction as to future installations. An appeal was taken from this order.

It is conceded by both sides that the evidence taken on this hearing for temporary injunction is not properly before this court. The sole question raised by the appeal is whether or not the complaint states a cause of action in equity for injunctive relief. We will proceed to a consideration of that question, although convinced that it might more properly be raised after a trial upon the issues presented by the answer and reply which have been filed…