Missouri Pacific Railroad v. Huebner

OPINION

SEERDEN, Justice.

This suit was instituted by Bert L. Hueb-ner, administrator of the estate of Clay Carroll Dove; deceased, and on behalf of Roselyn Helen Dove, his widow and Stephanie Rose Dove and Trey Carroll Dove, his surviving minor children. Missouri Pacific Railroad Company, the deceased’s employer at the time of the incident causing his death, was sued under the Federal Employees Liability Act, 45 U.S.C. 51 et seq. The cause of action against the other defendants was brought under the Texas Survival and Wrongful Death Acts. TEX. REV.CIV.STAT.ANN. art. 5525 et seq. (Vernon 1958)…