# Jacob E. Decker & Sons, Inc. v. Capps

> Texas Supreme Court · July 22, 1942 · 139 Tex. 609

URL: https://www.frixlaw.com/law-library/cases/3955769

## Case

- **Full name:** Jacob E. Decker & Sons, Incorporated, v. Mrs. Pearl Capps Et Al.
- **Court:** Texas Supreme Court
- **Decided:** July 22, 1942
- **Citations:** 139 Tex. 609; 164 S.W.2d 828; 142 A.L.R. 1479; 1942 Tex. LEXIS 275
- **Precedential status:** Published
- **Opinion:** Concurrence by Critz
- **Judges:** Alexander, Critz
- **Cited by:** 150 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by McKisson v. Sales Affiliates, Inc., 416 S.W.2d 787 (1967).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3955769

## How later opinions describe it (automated extraction)

- holding that defendant, as the manufacturer and vendor of sausage, was liable to consumer plaintiffs for the injuries caused to them by the contaminated and poisonous substance in the sausage at the time the defendants manufactured and sold it, even though defendant was not ne…
- recognizing the “broad principle of the public policy to protect hu- man health and life”

## Opinion text

Mr. Justice Critz
concurring.
I agree to the judgment in this case. In doing so I agree to the holding expressed in the opinion of this Court by Chief Justice Alexander that the manufacturer or processor of food intended for human consumption impliedly warrants that it is free from contamination and fit for human consumption. I think this rule is universal in its application, and applies even to food put up in sealed containers, with or without the name of the manufacturer or processor indicated therein. In fact, I think we committed ourselves- to the above rule in Walker v. Great Atlantic & Pacific Tea Company, 131 Texas 57 , 112 S. W. (2d) 170 , cited in Chief Justice Alexander’s opinion in this case. I do not believe that the above rule applies to retailers of food put up in sealed containers, with the name of the manufacturer or processor indicated on such containers. My views on that question are expressed in my dissenting opinion filed in
*623
Cause No. 7733, Griggs Canning Company et al, Appellants, v. Norman Josey et al, Appellees, opinion this day delivered by' this Court.
Opinion delivered July 22, 1942.
Rehearing overruled October 7, 1942.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3955769. Public record. Not legal advice.