Delta Oxygen Co. v. Scott

Ed. F. McFaddin, Associate Justice.

Appellee Tommy Scott filed two actions against appellant, Delta Oxygen Company (hereinafter called “Delta”), seeking to recover damages for injuries he sustained while using Delta oxygen in his welding work. In one action Scott claimed that Delta was guilty of negligence which caused his injuries; and in the other action Scott claimed" that Delta breached an implied warranty in regard to the oxygen. The two actions were consolidated for trial; the jury verdict and judgment was for Scott; and Delta brings this appeal, listing six points:

“1. The doctrine of…