Beach v. City of Fairbury

Defendant, City of Fairbury (hereafter Fairbury), appeals from a judgment in favor of plaintiffs, resi dent landowners in Fairbury, Nebraska. On July 6, 1978, a storm sewer running beneath the surface across plaintiffs’ land broke, causing the land in plaintiffs’ backyard to collapse, resulting in a hole approximately 35 feet long, 10 feet wide, and 10 feet deep. After notifying representatives of Fairbury of the break and collapse, plaintiffs were informed that Fairbury would only supply the labor for repairs and that plaintiffs would have to supply the materials. Plaintiffs filed a claim…