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.