Legal Opinion

OM Franklin Serum Company v. CA Hoover & Son

Court of Appeals of Texas

Decided January 13, 1969No. 7883PublishedCited by 2 opinions

1Opinion of the Court

DENTON, Chief Justice.

Our former opinion is withdrawn and the following opinion is submitted in lieu thereof.

This is a products liability case. C. A. Hoover and Dale Hoover, a partnership, d/b/a C. A. Hoover & Son, brought this suit against O. M. Franklin Serum Company, alleging the death and injury to calves as a result of the use of an antibiotic consisting of penicillin and dihydrostrep-tomycin sold under the trade name of “Franklin Pen-Strep”. Based on a jury verdict the trial court entered judgment for the plaintiffs.

On October 14, 1964, Dale Hoover injected 28 of their registered…

2Cases cited20 opinions

  1. McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
  2. Hall v. HallTexas Supreme Court · 1957
  3. Bock v. Fellman Dry Goods Co.Texas Commission of Appeals · 1919
  4. Rudes v. GottschalkTexas Supreme Court · 1959
  5. Brown v. Globe Laboratories, Inc.Nebraska Supreme Court · 1957

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3Cited by2 opinions

  1. Hoover and Son v. OM Franklin Serum CompanyTexas Supreme Court · 1969
  2. El Rancho Restaurants, Inc. v. GarfieldCourt of Appeals of Texas · 1969

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