SHAMROCK FUEL & OIL SALES CO. v. TUNKS

No. 14887.

406 S.W.2d 483 (1966)

SHAMROCK FUEL & OIL SALES CO., Inc., et al., Relators, v. Honorable Bert H. TUNKS, Judge 113th Judicial District Court of Harris County, Texas et al., Respondents.

Court of Civil Appeals of Texas, Houston.

October 6, 1966.


Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, Russell Talbott, Houston, for relators Shamrock Fuel & Oil Sales Co., Inc. and Keith L. Ward.

McGregor, Sewell, Junell & Riggs, Ben Sewell, Houston, for relator Johnny Hale.

Joe Jaworski, Ronald C. Kline, Houston, Bracewell & Patterson, Houston, of counsel, for respondents.


COLEMAN, Justice.

This is an original proceeding for mandamus to require the trial court to enter judgment in a cause wherein he had set aside the verdict of the jury and declared a mistrial. Among the issues to be considered are: (1) the necessity for privity in a suit for personal injuries based on implied warranty, and (2) whether contributory negligence is a defense in such a suit.

This suit was instituted by William Earl Munsinger, for himself and as...

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