Burrus Feed Mills, Inc. v. Reeder

CHAPMAN, Justice.

This is a products liability case tried to a jury upon the theory adopted by the trial court to the effect that the rule of ■“implied warranty” as announced by our Supreme Court in Decker & Sons v. Capps, 139 Tex. 609, 164 S.W.2d 828, 142 A.L.R. 1479, has application to food - mixed and processed by the manufacturer and sold for immediate consumption by animals.

The Decker case announced the principle that a non-negligent processor could be held liable in damages to a person injured from eating contaminated food prepared by such processor, although there was no privity of…