Norman v. Valley Gin Co.

O’QUINN, Justice.

Appellants were plaintiffs below, and ap-pellee was the defendant. We shall refer to them as such.

Plaintiffs sued defendant to recover for the death of their infant son, David Norman, some 2 years and 8 months old. They did not bring their suit under the death; statute, article 4671, but sought to recover as heirs to the estate of their deceased child, under the survival statute, article 5525, R.S.1925, as amended by Acts 1927, c. 239, § 1 (Vernon’s Ann.Civ.St. art, 5525) for the value of his destroyed earning capacity based upon his life expectancy.

Plaintiffs, for cause of…