Legal Opinion
Capetillo v. Crosby County Fuel Association
Court of Appeals of Texas
Decided October 10, 1966No. 7639PublishedCited by 4 opinions
1Opinion of the Court
CHAPMAN, Justice.
Plaintiff, Norberto Capetillo, sued Crosby County Fuel Association for damages to his person resulting from anhydrous ammonia escaping from a pop-off valve on a fertilizer tank which contained liquid fertilizer. The parties will be referred to as in the court below.
The suit was based both upon specific grounds of common law negligence, and upon liability without fault — allegations of breach of implied warranty. The trial court sustained exceptions to plaintiff’s pleadings that asserted a cause of action grounded solely upon implied warranty, such exceptions, in effect, being…
2Cases cited14 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
- Lane v. Fair Stores, Inc.Texas Supreme Court · 1951
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McAllen Hospitals, L.P. v. Salvador Gonzalez, Individually, as Representative of the Estate of Santos Camacho, and as Representative of the Statutory Wrongful-Death Beneficiaries of Santos Camacho, Texas Court of Appeals, 13th District2018
- Sales Affiliates, Inc. v. McKissonCourt of Appeals of Texas · 1966
- Capetillo v. Crosby County Fuel AssociationCourt of Appeals of Texas · 1966
- Sales Affiliates, Inc. v. McKissonCourt of Appeals of Texas · 1966