City of Gering v. Patricia G. Smith Co.

The City of Gering, Nebraska, a municipal corporation, appeals from a judgment in the amount of $26,214 entered by the District Court for Scotts Bluff County, Nebraska, in favor of the City of Gering (City). The damages were awarded by the court, a jury having been waived, for alleged defective work performed by the A. C. Smith Company, Inc., for the City, and the City maintains that the award of damages is inadequate. The appellee, Patricia G. Smith Company, a corporation, formerly A. C. Smith Company, Inc. (Smith), has cross-appealed, maintaining that the City, through its engineer,…