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O. M. FRANKLIN SERUM COMPANY v. C. A. HOOVER & SON

No. 7662.

410 S.W.2d 272 (1966)

O. M. FRANKLIN SERUM COMPANY, Appellant, v. C. A. HOOVER & SON et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied January 3, 1967.

Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Heare & Berry, Amarillo, for appellant.

Lemon, Close & Atkinson, Perryton, for appellees.

DENTON, Chief Justice.

This is a venue case. C. A. Hoover and his son, Dale were partners in a ranching operation in Ochiltree County. On October 14, 1964, Dale Hoover injected 25 registered bulls with a serum commonly referred to as "Franklin Pen-Strep" which was distributed by O. M. Franklin Serum Company, appellant. Almost immediately after Hoover had completed injecting the last calf, all 25 were reacting violently. Nine calves died shortly thereafter; two died...

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