PUTMAN v. ERIE CITY MANUFACTURING COMPANY

No. 20282.

338 F.2d 911 (1964)

Robert D. PUTMAN, Appellant, v. ERIE CITY MANUFACTURING COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 30, 1964.


Attorney(s) appearing for the Case

Joyce Hill, A. W. Salyars, Lubbock, Tex., for appellant.

J. Orville Smith and Crenshaw, Dupree & Milam, Lubbock, Tex., for appellees.

Before BROWN, WISDOM and BELL, Circuit Judges.


WISDOM, Circuit Judge:

Once again Erie1 thrusts the Court into the field of products liability.2 Once again state guidelines are hard to find and follow. Jacob E. Decker & Sons, Inc. v. Capps, 1942, 139 Tex. 609, 164 S.W.2d 828, 142 A.L.R. 1479, a case of national importance, firmly settled the law of Texas that in a food case privity of contract is not a prerequisite to recovery for breach of a manufacturer...

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