T. C. R'y Co. v. Burnett
Texas Supreme Court
Error from Shackelford. Tried below before the Hon. T. B. Wheeler. Appellees, Chas. G. Burnett and wife, recovered a judgment against appellant for $1,000, as damages for personal injuries alleged to have been received by the wife of Charles G. Burnett in a collision between two of appellant’s trains at the town of Cisco, in Eastland county, on or about July 31, 1882, the said Charles and Sarah being then man and wife.
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Error from Shackelford. Tried below before the Hon. T. B. Wheeler. Appellees, Chas. G. Burnett and wife, recovered a judgment against appellant for $1,000, as damages for personal injuries alleged to have been received by the wife of Charles G. Burnett in a collision between two of appellant’s trains at the town of Cisco, in Eastland county, on or about July 31, 1882, the said Charles and Sarah being then man and wife. Appellant’s first assignment of error was that the court erred m overruling defendant’s first special exception to plaintiff’s amended petition, because it appeared from…
1Opinion of the Court
West, Associate Justice.
— In Ezell v. Dodson (Tyler term, 1883), this court, after a very careful consideration of the question, held that such property as is derived during marriage, by reason of a personal trespass committed upon the wife, belongs to the community.
In a suit to recover damages for a personal injury done to the wife during marriage, the husband is the proper person to maintain the action. The wife is, ordinarily, neither a proper nor a necessary party to such a suit. It follows, therefore, that the district court was in error, in this case, in refusing to sustain the special…
2Cases cited2 opinions
- Stachely v. PeirceTexas Supreme Court · 1866
- Johnson v. DavisTexas Supreme Court · 1851
3Cited by32 opinions
- Graham v. FrancoTexas Supreme Court · 1972
- Taylor v. CatalonTexas Supreme Court · 1942
- Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
- Garrett v. Reno Oil CompanyCourt of Appeals of Texas · 1954
- Fort Worth & Rio Grande Railway Co. v. RobertsonTexas Supreme Court · 1910
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