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CUDMORE v. RICHARDSON-MERRELL, INC.

No. 16638.

398 S.W.2d 640 (1965)

John Herbert CUDMORE, Appellant, v. RICHARDSON-MERRELL, INC., et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 28, 1966.

Attorney(s) appearing for the Case

Witts & Ewing, Wayne E. Lee, Dallas, for appellant.

Jackson, Walker, Winstead, Cantwell & Miller, D. L. Case and Jack Pew, Jr., Dallas, for appellees.

DIXON, Chief Justice.

This is a products liability case. Appellant John Herbert Cudmore sued appellee Richardson-Merrell, Inc., a pharmaceutical manufacturer, alleging that he had sustained physical injuries as a result of taking a drug manufactured by appellee. Appellee's product is known by its trade name of MER-29. Appellant's suit is based on both negligence and implied warranty.

A jury returned a verdict that appellant had suffered damage in the amount...

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