Connolley Ex Rel. Connolley v. Omaha Public Power District

I am not in agreement with the majority opinion herein, and in dissent make the following observations..

The base for the flagpole was constructed on and 3.15 feet from the east lot line of the property. The defendant owned, maintained, and operated an electrical distribution line on North Seventy-eighth Street in Omaha, Nebraska, which runs north and south in the parkway along the east side of the Connolley property but has no connection to that property. The west wire of said line is conceded to be .54 feet into the Connolley property. For the purposes of this case, it must be conceded that…