Legal Opinion
McLain v. Hodge
Court of Appeals of Texas
Decided December 9, 1971No. 5075PublishedCited by 14 opinions
1Opinion of the Court
HALL, Justice.
In November, 1967, plaintiff-appellant, Jack McLain, purchased a Model 49 Ithaca single-shot, lever-action, .22 caliber rifle from defendant-appellee, A. D. Hodge, who was and is a retailer of new and used guns in Dallas, Texas. On Christmas day, 1968, plaintiff was loading the rifle when the cartridge fired and caused a part of the shell casing to enter his right eye. As a result of the injury, plaintiff permanently lost the vision of the eye. He brought this action for his damages on the theories of strict liability, negligence, and fraud. At the close of plaintiff’s proof, on…
2Cases cited6 opinions
- McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
- Triangle Motors of Dallas v. RichmondTexas Supreme Court · 1953
- Anderson v. MooreTexas Supreme Court · 1969
- International Derrick & Equipment Co. v. CroixCourt of Appeals for the Fifth Circuit · 1957
- Emmett W. Pryor and Pacific Employers Insurance Company v. Lee C. Moore, CorporationCourt of Appeals for the Tenth Circuit · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Turbines, Inc. v. Dardis, Texas Court of Appeals, 7th District (Amarillo)1999
- Thomas v. St. Joseph HospitalCourt of Appeals of Texas · 1981
- Hovenden v. TenbushCourt of Appeals of Texas · 1975
- Jerry L. Kennon and Mary Ann Kennon, Individually and as Next Friend of Jerry L. Kennon, Jr. v. Slipstreamer, Inc.Court of Appeals for the Fifth Circuit · 1986
- Held v. Mitsubishi Aircraft International, Inc.District Court, D. Minnesota · 1987
9 more not listed; retrieve them via the Exa API.