Legal Opinion

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

Court of Appeals of Texas

Decided December 5, 1966No. 7662PublishedCited by 22 opinions

1Opinion of the Court

DENTON, Chief Justice.

This is a venue case. C. A. Hoover and his son, Dale were partners in a ranching operation in Ochiltree County. On October 14, 1964 Dale Hoover injected 25 registered bulls with a serum commonly referred to as “Franklin Pen-Strep” which was distributed by O. M. Franklin Serum Company, appellant. Almost immediately after Hoover had completed injecting the last calf, all 25 were reacting violently. Nine calves died shortly thereafter; two died within a few days and the remaining fourteen were adversely affected and recovered slowly. A Veterinarian who was called within a…

2Cases cited10 opinions

  1. Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
  2. Bock v. Fellman Dry Goods Co.Texas Commission of Appeals · 1919
  3. Renshaw v. CountessCourt of Appeals of Texas · 1956
  4. Cudmore v. Richardson-Merrell, Inc.Court of Appeals of Texas · 1965
  5. Grossman v. TinerCourt of Appeals of Texas · 1961

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Maurice Pincoffs Company v. St. Paul Fire and Marine Insurance Company, American Home Assurance CompanyCourt of Appeals for the Fifth Circuit · 1971
  2. O. M. Franklin Serum Co. v. C. A. Hoover & SonTexas Supreme Court · 1967
  3. Thermal Supply of Texas, Inc. v. AselCourt of Appeals of Texas · 1971
  4. Carter Farms Company v. Hoffman-Laroche, Inc.New Mexico Court of Appeals · 1971
  5. Burrows v. Texas Kenworth Co.Court of Appeals of Texas · 1977

17 more not listed; retrieve them via the Exa API.

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