Legal Opinion
Robert D. Putman v. Erie City Manufacturing Company
Court of Appeals for the Fifth Circuit
Decided November 30, 1964No. 20282_1PublishedCited by 88 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
Once again Erie 1 thrusts the Court into the field of products liability. 2 Once again state guidelines are hard to find and follow. Jacob E. Decker & Sons, Inc. v. Capps, 1942, 139 Tex. 609, 164 S.W.2d 828, 142 A.L.R. 1479, a case of national importance, firmly settled the law of Texas that in a food case privity of contract is not a prerequisite to recovery for breach of a manufacturer’s warranty of fitness for human consumption; the warranty is implied by law as a matter of public policy. But the Supreme Court of Texas has not committed itself to a position on the…
2Cases cited67 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
62 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
- Tincher, T. v. Omega Flex, Inc., Aplt.Supreme Court of Pennsylvania · 2014
- Schipper v. Levitt & Sons, Inc.Supreme Court of New Jersey · 1965
- Humber v. MortonTexas Supreme Court · 1968
- Helene Curtis Industries, Inc. And Cosmair, Inc. v. Edd Pruitt and Marjorie Ann PruittCourt of Appeals for the Fifth Circuit · 1968
83 more not listed; retrieve them via the Exa API.