Smith v. Tucker

Mr. Thomas H. Malone, Special Judge,

delivered the opinion of the Court.

These two suits, heard together in the trial court and in the court of civil appeals, are based on the alleged wrongful killing of the infant son of the plaintiff in error. The first suit is brought by Smith for loss of services, and the second suit in his character as administrator.

The trial judge sustained a motion for peremptory instructions in each case, and the court of civil appeals, in a majority opinion delivered by the late Chief Justice WilsoN, affirmed the judgments. Both parties bring the cases here by…