Opinion

Wischmann v. Raikes

  • 168 Neb. 728
  • 97 N.W.2d 551
  • 1959 Neb. LEXIS 70
Court
Nebraska Supreme Court
Filed
Jun 26, 1959
Status
Published
Author
Messmore
On the bench
Simmons, Carter, Messmore, Yeager, Chappell, Wenke, Boslatjgh
Cited by
32 cases
Authority
More cited than 9.9%

The opinion

Messmore, J.,

concurring.

I concur in the majority opinion. However, to be consistent with our opinions covering the subject matter as set forth therein, I am convinced that the principle of law announced in the case of Ledingham v.Farmers Irr. Dist., 135 Neb. 276 , 281 N. W. 20 , is in conflict with the case of Shepard v. City of Friend, 141 Neb. 866 , 5 N. W. 2d 108 , and the instant case.

I am unable to draw the distinction between Leding *752 ham v. Farmers Irr. Dist., supra, and the instant case. Consequently, I believe the case of Ledingham v. Farmers Irr. Dist., supra, should be overruled because it is in direct conflict with the principle of law announced in the instant case and the opinions of this court covering the same type of subject matter. See 26 A. L. R. 2d, § 5, p. 451, § 9, p. 460.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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