# Witherspoon v. Sides Const. Co., Inc.

> Nebraska Supreme Court · February 1, 1985 · 219 Neb. 117

URL: https://www.frixlaw.com/law-library/cases/9670922

## Case

- **Full name:** D. J. Witherspoon, Appellant, v. Sides Construction Co., Inc., a Corporation, Et Al., Appellees
- **Court:** Nebraska Supreme Court
- **Decided:** February 1, 1985
- **Citations:** 219 Neb. 117; 362 N.W.2d 35; 1985 Neb. LEXIS 890
- **Precedential status:** Published
- **Opinion:** Dissent by Boslaugh
- **Judges:** Krivosha, Boslaugh, White, Hastings, Caporale, Shanahan, Grant
- **Cited by:** 59 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9670922

## How later opinions describe it (automated extraction)

- holding in a construction case based on a contract but presented in tort that the act which provided the basis for the claim occurred when the construction of the building was completed, irrespective of any continuing professional relationship between the parties
- holding when homeowner sues general contractor for failure to construct home in workmanlike manner due to subcontractor’s installation of faulty pipe, limitations period begins to run upon substantial completion of home, not upon date pipe was installed or broke
- holding § 25-224 applied to product liability claim against manufacturer/supplier of allegedly defective pipe used in home construction

## Opinion text

Boslaugh, J.,
dissenting in part.
So far as the defendant McWane Cast Iron Pipe Co., Inc., is concerned, it seems to me that the pipe had been devoted to its *128 ultimate use or consumption when it was placed in the ground, connected to the main, and used to convey water to the premises commencing on or before October 1, 1969.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9670922. Public record. Not legal advice.