GLADIOLA BISCUIT COMPANY v. SOUTHERN ICE COMPANY

No. 17513.

267 F.2d 138 (1959)

GLADIOLA BISCUIT COMPANY, Appellant, v. SOUTHERN ICE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 27, 1959.


Attorney(s) appearing for the Case

C. H. Gillespie, Jr., Sherman, Tex., Gillespie, Gillespie & Robinson, Sherman, Tex., for appellant.

J. Edwin Fleming, Patrick B. Gibbons, III, Coke & Coke, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The decisive question here is whether the liability without fault imposed by Texas on a manufacturer of food stuff for injuries sustained by one who consumes it applies to damages sustained by a middleman-processor who uses the manufactured deleterious product as an ingredient in an entirely different article intended and sold for human consumption.

Treating it entirely as a matter of law and expressly holding that the facts were...

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