Opinion

O. M. Franklin Serum Co. v. C. A. Hoover & Son

  • 418 S.W.2d 482
Court
Texas Supreme Court
Filed
Jul 19, 1967
Status
Published
On the bench
Per Curiam
Cited by
21 cases
Authority
More cited than 96.2%

The opinion

ON APPLICATION FOR WRIT OF ERROR

PER CURIAM.

In McKisson v. Sales Affiliates, Inc., Tex.Sup., 416 S.W.2d 787 , we adopted the rule of strict liability in tort with respect to sellers of defective products which cause physical harm to persons. The Court of Civil Appeals has held in the present case that the seller of a defective product is also subject to strict liability for damage caused to the property of the ultimate consumer. 410 S.W.2d 272 . We are in agreement with this holding and accordingly disapprove the opinions in Brown v. Howard, Tex.Civ.App., 285 S.W.2d 752 (wr. ref. n. r. e.), and Cruz v. Ansul Chemical Co., Tex.Civ.App., 399 S.W.2d 944 (wr. ref. n. r. e.), in so far as they are inconsistent therewith. The application for writ of error is Refused, No Reversible Error. See Rule 483, Texas Rules of Civil Procedure.

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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