Hawkins Construction Co. v. Matthews Co., Inc. ( 1973 )

Smith, J.,

concurring in the result.

Submission to the jury of both theories of liability on the evidence was not reversible error. In that respect it would be a healthy instinct for us to rest our reasons there. Important information relating to policy is inadequate. W. Page Keeton, “Products Liabihtv - Inadequacy of Information,” 48 Tex. L. Rev. 398 at 402' (1970). The theory of liability conceivably is largely a matter of judicial policy.