Jacob E. Decker & Sons, Inc. v. Capps

This suit involves the question of the liability of a manufacturer of food products to the consumer thereof for damages for personal injuries sustained by him as the result of the unwholesomeness of such food.

Jacob E. Decker & Sons, Inc., manufactured and sold certain sausage, advertised as being suitable for human consumption in the summer time, under the trade name of “Cervalet,” which sausage was wrapped in a cellophane package. The sausage in question was sold on March 16, 1939, by Jacob E. Decker & Sons, Inc., to a retail merchant in Texas for resale, and was purchased by C. K. Capps on…