Opinion

Hawkins Construction Co. v. Matthews Co., Inc.

  • 190 Neb. 546
  • 209 N.W.2d 643
  • 12 U.C.C. Rep. Serv. (West) 1013
  • 1973 Neb. LEXIS 748
Court
Nebraska Supreme Court
Filed
Jul 27, 1973
Status
Published
Author
Smith
On the bench
White, Boslaugh, Smith, McCown, Newton, Clinton, Hastings
Cited by
90 cases

Overruled on other grounds by National Crane Corp. v. Ohio Steel Tube Co., 213 Neb. 782 (1983)

applying strict liability when only damages to the defective product “would clearly emasculate the applicable provisions of the Uniform Commercial Code as to warranty and warranty liability which were designed to apply where the product is defective but where no damage results from the defect, either to persons or other property”

How later courts described this case

  • applying strict liability when only damages to the defective product “would clearly emasculate the applicable provisions of the Uniform Commercial Code as to warranty and warranty liability which were designed to apply where the product is defective but where no damage results from the defect, either to persons or other property”
  • representations of load capacity in manufacturer’s pamphlet constituted express warranty binding both manufacturer and lessor of scaffolding
  • interpreting § 2-313 of the U.C.C.
  • sale of scaffolding; express warranty created even if buyer did not rely on statements in seller’s brochure

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by National Crane Corp. v. Ohio Steel Tube Co., 213 Neb. 782 (1983)

    190 Neb. 546, 209 N.W.2d 643, 654-655 (1973)(same), disapproved on other grounds, Nat’l Crane Corp. v. Ohio Steel Tube Co., 213 Neb. 782, 332 N.W.2d 39 (1983).
    Nebraska Supreme CourtMar 25, 198312 citing opinionsother groundsRead it

The opinion

Smith, J.,

concurring in the result.

Submission to the jury of both theories of liability on the evidence was not reversible error. In that respect it would be a healthy instinct for us to rest our reasons there. Important information relating to policy is inadequate. W. Page Keeton, “Products Liabihtv - Inadequacy of Information,” 48 Tex. L. Rev. 398 at 402' (1970). The theory of liability conceivably is largely a matter of judicial policy.

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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