Jacob E. Decker & Sons v. Capps
Texas Supreme Court
164 S.W.2d 828 (1942)
- Written by Emily Laird, JD
Facts
Mrs. Pearl Capps (plaintiff) purchased sausage manufactured by Jacob E. Decker & Sons (Decker) (defendant). The sausage was unfit for consumption despite going through Decker’s normal manufacturing and inspection process. Decker sold the sausage to the retail market where Capps purchased it. The Capps family consumed the impure sausage, resulting in the death of one of their children and serious food poisoning for the rest of the family. Capps brought suit on behalf of herself and her two surviving children, claiming damages for the injuries they suffered. A jury found in favor of Capps, determining Decker had produced food unsafe for human consumption. The jury found Decker liable despite finding that Decker had not been negligent in the sausage-manufacturing and inspection process. The Texas Court of Civil Appeals upheld the lower court ruling and award of damages. Decker appealed to the Texas Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Alexander, C.J.)
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