Bowman Biscuit Co. of Texas v. Hines

251 S.W.2d 153, 151 Tex. 370, 1952 Tex. LEXIS 447

Opinions

Mr. Justice Smith

delivered the opinion of the Court, on rehearing.

On July 3, 1951, the Honorable Court of Civil Appeals for the Fifth Supreme Judicial District of Texas, through the Honorable Joel R. Bond, Chief Justice, certified to this court for adjudication and answer the following question:

“Where the ultimate consumer of food, sold in the original sealed package for human consumption, suffers injury and damage from such food being contaminated, is the wholesaler, or middleman, as well as the manufacturer and retailer, liable to such ultimate consumer for damages proximately resulting to him by reason of the eating of such food, under an implied warwanty imposed by law as a matter of public policy?”

On original hearing the above certified question was answered in the affirmative in an opinion by Associate Justice Garwood joined by Associate Justices Sharp, Brewster, Griffin and Wilson. Chief Justice Hickman and Associate Justices Smedley and Calvert joined Associate Justice Smith in a dissenting opinion holding that the question should be answered in the negative.

On rehearing, Associate Justice Wilson has this day delivered an opinion concurring with the view that the question should be answered in the negative; therefore, the motion for rehearing is granted and the certified question is answered “No.”

Opinion delivered July 16, 1952.