Texas Supreme Court

Jacob E. Decker & Sons, Incorporated v. Mrs. Pearl Capps

July 22, 1942139 Tex. 609

Summary

The Texas Supreme Court affirmed the lower courts, holding that a food manufacturer is strictly liable to ultimate consumers for injuries caused by contaminated food under an implied warranty of wholesomeness imposed by public policy, even absent negligence. The Court also affirmed that this warranty applies regardless of privity or reliance.