Dunn v. Stephens

DIXON, Chief Justice.

This is an appeal from a summary judgment in favor of defendants, appellees here, in a suit in which the plaintiffs, appellants here, sought recovery of exemplary damages.

The suit was brought by Alice Faye Dunn, surviving widow of Earnest Nebraska Dunn, and by Dunn’s heirs at law pursuant to Art. 16, § 26, of the Constitution of Texas, Vernon’s Ann.St., and Articles 8306, Sec. 5, and 4673, Vernon’s Ann. Civ.St. Workmen’s Compensation benefits have already been paid.

In one point on appeal appellants attack the summary judgment on the ground that the record discloses fact…