O. M. Franklin Serum Co. v. C. A. Hoover and Son
| Decision Date | 19 July 1967 |
| Docket Number | No. B--91,B--91 |
| Citation | 418 S.W.2d 482 |
| Parties | O. M. FRANKLIN SERUM COMPANY, Petitioner, v. C. A. HOOVER & SON et al., Respondents. |
| Court | Texas Supreme Court |
Underwood, Wilson, Sutton, Heare & Berry, R. A. Wilson, Amarillo, for petitioner.
Lemon, Close & Atkinson, R. D. Lemon, Perryton, for respondents.
ON APPLICATION FOR WRIT OF ERROR
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.
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...other property caused by a defective product has also been held to be included under strict liability. O. M. Franklin Serum Company v. C. A. Hoover & Son, 418 S.W.2d 482 (Tex.1967). The present case involves an unreasonably dangerous product whose defect has caused harm to itself. No person......
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