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

> Nebraska Supreme Court · July 27, 1973 · 190 Neb. 546

URL: https://www.frixlaw.com/law-library/cases/9661971

## Case

- **Full name:** Hawkins Construction Company, a Corporation, Appellee, v. Matthews Company, Inc., a Corporation, Et Al., Appellants
- **Court:** Nebraska Supreme Court
- **Decided:** July 27, 1973
- **Citations:** 190 Neb. 546; 209 N.W.2d 643; 12 U.C.C. Rep. Serv. (West) 1013; 1973 Neb. LEXIS 748
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** White, Boslaugh, Smith, McCown, Newton, Clinton, Hastings
- **Cited by:** 90 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by National Crane Corp. v. Ohio Steel Tube Co., 213 Neb. 782 (1983).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9661971

## How later opinions describe it (automated extraction)

- 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…

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9661971. Public record. Not legal advice.