Shamrock Fuel & Oil Sales Co., Inc., Keith L. Ward and Johnny Hale, Relators v. Honorable Bert H. Tunks, District…

Summary

The Texas Supreme Court denied the original writ of mandamus, holding that the court's authority is limited to ordering the ministerial act of rendering judgment on a verdict and cannot be used to decide substantive issues such as privity or the effect of contributory negligence in a strict liability action. The Court also held that contributory negligence is not a defense to a strict liability claim.