(Download) "O. M. Franklin Serum Company v. C. A. Hoover & Son" by Seventh District, Amarillo Court of Civil Appeals of Texas " Book PDF Kindle ePub Free
eBook details
- Title: O. M. Franklin Serum Company v. C. A. Hoover & Son
- Author : Seventh District, Amarillo Court of Civil Appeals of Texas
- Release Date : January 05, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is a venue case. C. A. Hoover and his son, Dale were partners in a ranching operation in Ochiltree County. On October 14, 1964 Dale Hoover injected 25 registered bulls with a serum commonly referred to as "Franklin Pen-Strep" which was distributed by O. M. Franklin Serum Company, appellant. Almost immediately after Hoover had completed injecting the last calf, all 25 were reacting violently. Nine calves died shortly thereafter; two died within a few days and the remaining fourteen were adversely affected and recovered slowly. A Veterinarian who was called within a few minutes treated the animals without much success. Plaintiffs alleged the serum was not fit for its intended use and that this unfitness was the proximate cause of the death and injuries to the calves. No acts of negligence were alleged. Recovery is sought only on the theory of breach of warranty. Appellants plea of privilege was overruled.