Hoover and Son v. OM Franklin Serum Company

REAVLEY, Justice.

Antibiotic serum produced by defendant precipitated death or injury to plaintiffs’ calves. Upon jury findings that the serum used was unfit and that the harm to the animals was not the result of their abnormal reaction to the product, the trial court entered judgment for plaintiffs. The court of civil appeals reversed and remanded because a special issue had inquired as to “producing cause” rather than “proximate cause” and had thus failed to require the element of foreseeability. 437 S.W.2d 613. We hold that the case was properly and fully submitted to the jury, and we…