Metzger Dairies v. Wharton

LESLIE, Chief Justice.

For the purpose of briefing and disposition in this court the.two above-styled and numbered causes have been consolidated. The conclusions reached by this court in the disposition of one of them will work a like disposition of the other.

Frank B. Wharton, a minor, acting by his mother, Mrs. D. L. Gentry, as next friend, sued Carl Metzger and David Metz-ger; a partnership doing business under the firm name of Metzger Dairies, for damages suffered from alleged injuries caused him by drinking milk containing glass sold to them by the defendants in Harris county, Tex., where…