Pulom v. Jacob Dold Packing Co.
U.S. Circuit Court for the District of Western Texas
At Raw. Action by Fannie Pulom against the Jacob Bold Packing Company. On demurrer to petition. This suit was brought by the plaintiff to recover damages for the death of her husband.
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At Raw. Action by Fannie Pulom against the Jacob Bold Packing Company. On demurrer to petition. This suit was brought by the plaintiff to recover damages for the death of her husband. The question to be decided arises upon a demurrer to the petition, the material allegations of which are the following: “Plaintiff avers that the defendant owns and operates the said packing company in Bexar county, Tex., and has various and numerous persons in its employment, and that it also operates large wagons through the streets of the city of San Antonio ; that on the 2d day of October, A. D. 1909,…
1Opinion of the CourtMaxey, District Judge
(after stating the facts as above). It is clear that by the common law no action' would lie in favor of the surviving wife. In The Harrisburg, 119 U. S. 204, 7 Sup. Ct. 142 (30 L. Ed. 358), Mr. Chief Justice Waite, as the organ of the court, used this language:
“It was held by this court on full consideration in Insurance Company v. Brame, 95 U. S. 756 [24 L. Ed. 580], that by the common law no civil action lies for an injury which results in death.” 8 Am. & Eng. Enc. Law, 854, 855; Hendrick v. Walton, 69 Tex. 192, 6 S. W. 749.
We must therefore look to the statute to determine whether the…
2Cases cited8 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Lipscomb v. Houston & Texas Central Railway Co.Texas Supreme Court · 1901
- Fleming v. the Texas Loan AgencyTexas Supreme Court · 1894
- Hendrick v. WaltonTexas Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Vogel v. CobbSupreme Court of Oklahoma · 1943
- O'CONNOR v. Great Lakes Pipe Line Co.Court of Appeals for the Eighth Circuit · 1933
- Fulkerson v. Great Lakes Pipe Line Co.Supreme Court of Missouri · 1934
- Appeal of Reamer, Pennsylvania Court of Common Pleas, Alleghany County1937
- Bryan v. DarlingtonCourt of Appeals of Texas · 1947
3 more not listed; retrieve them via the Exa API.