Seay v. Hall

KILGARLIN, Justice.

The issue in this case is whether statutory probate courts have jurisdiction over survival and wrongful death actions. Because of her husband’s death from injuries received when a boiler safety valve released scalding water and steam onto him, Willia Rhoneta Seay sued the various respondents 1 in this case. Suit was initially brought in a Dallas County district court under the provisions of Tex.Rev.Civ.Stat. Ann. art. 4671 (wrongful death action) and Tex.Rev.Civ.Stat.Ann. art. 5525 (survival action). Five days after filing suit in that court, Mrs. Seay brought the same…